"CODE41" GENERAL TERMS AND CONDITIONS

Version dated September 21 2021
This translation in English has no legal value. Only the french language version is legally validated.

I. SCOPE OF APPLICATION OF THESE GENERAL TERMS AND CONDITIONS

N.B.: The masculine gender is used in this document for lexical simplification and readability purposes, but refers to both Men and Women.

1.1 These General Terms and Conditions (hereinafter: the "T&C") are applicable  to the online sale of the Products to the users (hereinafter: the "Users") by way of the Website hosted at the following URL:  https://code41watches.com/ (hereinafter: the "Website") provided by the company CODE41 Sàrl (CHE-112.269.012), headquartered at Chemin de Mornex 3,  1003 Lausanne (hereinafter: the "Company"). The company operates the brand "CODE41", registered with the Swiss Federal Institute of Intellectual Property under n°702865.

1.2 The Website offers the Users the opportunity to purchase watches and accessories from the brand “CODE41” (hereinafter: the “Products”) online. The Company reserves the right to modify its general Terms & Conditions, including these T&C, at any moment. In that case, the applicable general Terms & Conditions will be those in force on the date that the order of the Product(s) (hereinafter: the “Order”) is placed. 

1.3 Along with the general Terms & Conditions of the pre-boarding program (hereinafter: the “PPTC”) and the Confidentiality Policy,  these T&C are an integral part of the contractual relationship between the Users and the Company. In creating a “user” account on the Website, you confirm that you have read and understood these T&C in their entirety, and that you agree to adhere to them unconditionally. These T&C shall prevail over any other conditions not expressly accepted by the Company. 

1.4 In agreeing to these T&C, you acknowledge that you are over the age of 18 (eighteen) and that you are able to exercise your civil rights or, should you appoint a company, that you have the capacity to represent it legitimately. Should this not be the case, you are not permitted to order the Products by way of the Website.

1.5 The Company only supplies its Products to Users over the age of majority in accordance with Swiss law, that being over the age of 18 (eighteen). In confirming their Order and paying the Company for the Product(s), the User declares on their honor that they are of age. You will be responsible for any and all damages suffered by the Company as the result of a violation of this provision.

1.6 In agreeing to these T&C, you guarantee that you have sufficient financial means to respect the commitments made in relation with the Product(s) ordered and that you have neither declared bankruptcy nor are on the verge of doing so.

1.7 The User guarantees that they are a natural person acting in their capacity as the end user and that they shall in no way supply, sell or distribute the Product(s) to third parties. The User also agrees not to purchase the Product(s) for commercial purposes.  

1.8 In the event that one of these declarations and guarantees should prove inaccurate, the Company reserves the right to have the contract entered into with the User invalidated in accordance with articles 23 of the Swiss Code of Obligations (hereinafter: the “CO”), without prejudice to other means and actions available to the Company.

1.9 The Company may refuse an Order for legitimate reasons, for example if said Company has reason to believe that an Order has been placed by the User in violation of these T&C and/or applicable law.

II. COMMENCEMENT OF THE CONTRACT

2.1 The contract between the Users and the Company is entered into upon acceptance by the User of these T&C.

III. PAYMENT OF THE COMPANY BY THE USER

3.1 The Products and prices published on the Website are offers intended for Users.

3.2 The prices of the Products offered on the Website are indicative and may be modified by the Company at any time. The price of the product(s) displayed on the Website on the day of the Order is the only one applicable. 

3.3 The prices must be confirmed by the Company as part of the confirmation of the Order. The Product prices that appear on the Website are net prices displayed in the currency of the country or area in which the User is located. 

3.4 In making their payment, the User expressly accepts these T&C, the prices thereby confirmed and the outlined contracting process. The Company does not store any Personal Data relating to payments made by Users. 

3.5 User credit card payments are made through the platform “PayZen”, provided by the French company Lyra, 109 Rue de l’innovation, 31670 Labège, France (“Payment service provider”), whose own terms & conditions are only applicable to this User payment method. Payment can be made using the credit cards listed during the Order process. Payment must be made by the User before the Products are delivered. 

3.6 All credit card holders are subject to a validity check performed by the issuer of the credit card, which must, furthermore, authorize the holder to use the card. The Personal Data of the credit card holder required for the checks may be exchanged with third parties. Should the credit card issuer not authorize the payment, any delay in or non-delivery of the Order cannot be attributed to the Company. 

3.7 Payments by bank transfer from Users domiciled in France are made through Crédit Industriel et Commercial (CIC), 6 Avenue de Provence, 75009 Paris, France,  whose own terms & conditions are only applicable to this User payment method.

3.8 In the event of non-payment for technical reasons or the User’s refusal to pay, the Company will not be in a position to deliver the Products.

IV. ONLINE ORDERING SYSTEM

4.1 In order to access the Products offered on the Website, the User is obligated to create an online account. The Personal Data provided to this end is governed by the Company’s Confidentiality Policy.

4.2 In order to be able to order the Products and use certain services or features made available to you on the Website, you must provide the Company with information about you. This information must in its entirety be exact, precise, current and complete.

4.3 In the event that information provided during their registration should later change, the User is required to inform the Company immediately via the contact form which can be found on the “contact” page of the Website.

4.4 The password for the User’s account must be unique and guarded safely by the Users. In the event that the security of the User’s password and/or their account is breached or in the event of any unauthorized use, the User is required to inform the Company immediately.

4.5 Furthermore, the Company’s Confidentiality Policy applies.

4.6 After creating an online account on the Website, the User may order the Product(s) of their choice, subject to availability.

4.7 The placing of an Order for a Product on the Website is considered to be a bid pertaining to the purchase of a Product in accordance with these T&C. 

4.8 After placing an Order on the Website, a message will be sent on behalf of the Company to the User’s email address. This confirmation message does not yet constitute confirmation  of the Order and in no way signifies that the Order has been accepted, as all Orders are subject to the approval of the Company, which reserves, before any acceptance of the Order and in order to ensure the security of transactions and to combat fraud, the right to request that the User confirm by telephone certain information relating to their Order and/or to provide proof of identity (e.g. a photocopy of an ID card). 

4.9 In the event that the requests of the Company are not met by the given deadline, the Company reserves the right to cancel the User’s Order and to limit the quantity of Products available to be ordered by the User in one unique transaction.

4.10 Furthermore, the User accepts that the Company may use their Personal Data to conduct the appropriate anti-fraud checks. The Personal Data provided by the User may be disclosed to a credit rating or anti-fraud agency, which may retain a record. The User is referred to the Company’s Confidentiality Policy for further information on this matter.  

4.11 If the Products ordered are not currently or are no longer available, the User will be informed of this by the Company via electronic mail. In this case, the User has the choice of waiting for the Product to become available again or cancelling their Order. 

4.12 The Company will confirm acceptance of the User’s Order by sending them an Order confirmation via electronic mail. 

4.13 The Company may be awaiting deliveries from its suppliers, and thereby reserves the right to propose that the User make an advance payment (pre-order) for certain Products. This process usually allows the User to receive the Product before other clients, once it becomes available. The User’s rights in the case of advance purchase are identical to those pertaining to a conventional purchase from the Company.

4.14 The Products in stock may first be allocated to those Users who have made advance payments for their Orders, who will receive the Products before Users who have placed conventional orders on the Website for immediate delivery.  

4.15 It is possible that the Company might not be in a position to deliver a Product for various reasons, notably in the event of delays or issues with the suppliers, production or quality. In such an event, the Company will inform the affected User by electronic mail and propose that they wait until the Product is available or cancel their Order. 

4.16 The Company reserves the right to implement a system of promotional codes in favor of the Users. Should they be implemented, such codes will be neither transferable nor combinable, nor can they be exchanged for cash. 

4.17 Should such a system be implemented by the Company, the promotional codes must be used before the indicated cut-off date.

4.18 The Company reserves the right to cancel - at its sole discretion - any sale in the event of abuse or fraud in the use of promotional codes by the Users.

V. DELIVERY OF THE PRODUCTS TO THE USERS

5.1 The Products purchased by the User by way of the Website will at the earliest be delivered after full payment of the retail price by said User. If and when the User is in arrears with their payment, the Company reserves the right to terminate the contract without further formalities (CO art. 214 para. 1).

5.2 Products are sent to the Users by mail with signature upon receipt, with the exception of packages only containing (a) strap(s). Deliveries are handled by local or foreign third parties (also called Transporters) responsible for the delivery of the Products; however deliveries are not possible for the following countries: Angola, Argentina, Benin, Bolivia, Botswana, Brazil, Burkina Faso, Burundi, Cameroon, Central African Republic (CAR), Chad, Chile, Colombia, Comoros, Republic of the Congo, Democratic Republic of the Congo, Djibouti, Ecuador, Equatorial Guinea, Eritrea, Ethiopia, Gabon, Gambia, Ghana, Guinea, Guinea Bissau, Guyana, India, Ivory Coast, Kenya, Lesotho, Liberia, Libya, Madagascar, Malawi, Mali, Mauritania, Mexico, Mozambique, Namibia, Niger, Nigeria, Paraguay, Peru, Russia, Rwanda, São Tomé et Principe, Senegal, Seychelles, Sierra Leone, Somalia, South Sudan, Sudan, Suriname, Tanzania, Togo, Uganda, Uruguay, Venezuela, Zambia, Zimbabwe.

5.3 The prices include Delivery Duty Paid (DDP), which means that the Products are delivered with acknowledgement of receipt to the address indicated by the User, customs duties and VAT included.

5.4 For certain countries to which DDP deliveries prove impossible, the prices include Delivery at Place (DAP), which means that the Products are delivered to the address indicated by the User, customs duties and VAT not included.

5.5 Certain countries require payment of customs duties and/or import fees in addition to the price of the Product displayed on the Website. The Company indicates on the Website at the moment of purchase whether or not said fees must be paid.

5.6 The Company does not issue tax refund slips to the Users, but may intervene at the request of a User in an attempt to liberate a delivery retained by Swiss or foreign customs, which will extend the delivery period and delay the User’s receipt of the Product(s).

5.7 The delivery times shown on the Website are purely indicative estimates and in no way is the Company to be held responsible for them. 

5.8 The value of the delivery by mail is included in the retail price of the Products.

5.9 The User’s delivery address is the one indicated by said User and cited in the Order confirmation email sent by the Company. In the event that the User is absent upon delivery, a failed delivery notice is usually left by the Transporter, and in this event it is the responsibility of the User to collect the package from the location and within the period of time specified by said notice (except in the case of registered mail, for which failed delivery notices are not left). In the event that the aforementioned deadline is not met through the fault of the User, the Product(s) will be returned to the Company, and in such cases it will be the responsibility of the User to contact the Company’s customer service department to arrange potential reshipment at the expense of the User. The Transporter may request additional information from the User in order to successfully clear customs and/or complete the delivery. In the absence of this information due to the inaction of the User, the merchandise will be returned to the sender. The User will be responsible for the cost of  return and resending, in addition to the associated customs duties.

5.10 The User is responsible for the delivery information provided when finalizing their Order. In the event of an error in the wording of the User’s contact details, the Company will not be held responsible for the inability to deliver the Product(s). If this error leads to the Product(s) being returned to the Company, said Product(s) will be reshipped at the expense of the User.  

5.11 Only the general terms and conditions of the Transporter handling delivery apply, thereby eliminating the liability of the Company with regards to the delivery process.

5.12 Delivery, any potential delays in delivery, and the potential loss and/or theft of  your package are exclusively attributable to the Transporter handling the delivery of the Product, with the exception of the Company. 

5.13 The Products ordered remain the property of the Company until delivery to the address provided by the User. The transfer of risks and rewards takes place at the moment of  delivery to the User’s delivery address (including in the event that the package is left at the door or in the hallway of an apartment building). Consequently, the Company may demand the return of the Product(s) before the transfer of ownership should the User not respect the terms of these T&C.   

5.14 The Company will not be held liable:

• in the event of delivery delays resulting from customs clearance processes;

• in the event of the loss and/or theft of the package containing the Product(s) once it has been delivered by the Transporter to the User’s delivery address;• in the event of Force Majeure, as defined in article XII, resulting in the delayed or non-delivery of the Product(s).

VI. PRODUCT RETURNS POLICY

6.1 Before the Company hands the User’s Order over the Transporter, the User has the right to withdraw at any moment with no requirement to provide justification. In any case, the User is not authorized to use the Product(s) during the withdrawal period. The User must send their written withdrawal request using the return form made available by the Company.  

6.2 After the User’s Order has been handed over to the Transporter by the Company, the Product(s) may be returned within a period of 30 (thirty) days from the date of receipt of said Product(s) by the User, provided that the packaging of the Product(s) in question is intact, unopened and has all of its labels and protective materials. In order to proceed with a return in such a case, the User must make use of the form provided for this purpose in the “Members” section of the Website.

6.3 Product(s) must be returned by Users using the return label provided by the Company. Packages returned by Users directly to the Company’s headquarters will not be processed and will be returned to the User at their own expense.

6.4 Products must be returned as new and in perfect condition with all of the protective material and labels in place, as well as the attached security tags and stickers. Once received by the Company, they are subject to Quality Control (QC) and functional testing. The User must take care of the Product when they examine it. In the event that the Product suffers wear, compensation will only be demanded should said wear be caused by use by the User exceeding the limits of that which is necessary to establish the nature, features and functionality of the Product. In order to establish the nature, features and functionality of the Product, the User may only handle and inspect it in a way that would be allowed in a physical store. In particular, when leather straps are worn even once, they warp and do not return to their original shape. They will, therefore, be rejected without fail at the quality control stage if they have been worn.

6.5 Any return lacking the original °CODE41" box and/or the special packaging of the Product in good condition will give the Company the right to withhold the corresponding value from the total value of the refund granted to the User. 

6.6 All returns and/or exchanges will be subject to rigorous Quality Control by the Company in order to ensure that the returned Product conforms with the requirements for return. If the Product inspected does not meet Quality Control standards, the Company may require the User to pay for the damages and/or renounce the refund.

6.7 The User is responsible for any loss in the value of the Product resulting from handling of said Product contrary to the instructions for use.  if the Product is damaged or destroyed through the fault of and/or the negligence of the User, the Company will deduct the cost of the restoration or replacement of the Product from the total value of the refund granted to the customer. 

6.8 Should the User exercise their right to return in accordance with the aforementioned conditions of return and should the returned Product pass Quality Control, the Company will proceed with the applicable refund or exchange. 

6.9 All Products returned by the Users must be accompanied by the full order details (sales invoice and customs invoice if applicable) in order to facilitate their processing and identification by the Company. Unidentified returns will be returned to the User at their own expense.

6.10 The refund of the Order will be handled by the Company via the same payment method used by the User when placing the Order on the Website (either by refunding the amount to the credit card or by transfer to the bank account used). Should the payment method used by the User when placing the Order  no longer be valid or for any other reason not attributable to the Company (loss, stop payment, change of banking establishment, change or expiry of credit card, etc.), the Company will contact the User in order to find an adequate solution. 

6.11 Personalized Products will be neither taken back nor exchanged. Therefore, the returns policy does not apply to this type of Order.

6.12 In order to offer the User an unrivaled experience, the return conditions set by the Company are flexible. Nevertheless, the Company does keep a record of the number of returns made, reserving the right to refuse an order in the event of repeated returns by the User.

6.13 Orders sent back by Users in compliance with the aforementioned conditions applicable to returns are covered by insurance provided by the Company up to the value of the Products and a maximum of 10,000 CHF.

6.14 Products on offer on the Website whose retail price has thereby been reduced by the Company without obligation cannot be returned.  

VII. INAPPROPRIATE CONDUCT ON THE PART OF THE USER

7.1 With regards to the Products delivered to the User, the Company will not be held responsible for any damage resulting in particular from: 

  • any use of the Product contrary to the current technical or safety standards and in particular any use contrary to the instructions provided in the Product's user guide;
  • any use of the Product by the User inconsistent with normal, reasonable and/or appropriate use (as is notably the case in the event of violent impact, excessive force or rough handling of the Product);
  • any normal wear and tear and aging of the Product;
  • any non-compliant set-up or assembly by the User;
  • any shock and/or impact to the crystal, strap or case of the Product;
  • any maintenance, disassembly or repair not performed by an after-sales service center approved by the Company;
  • transport and/or delivery;
  • any voluntary act, negligence or User error;
  • storage of the Product in suboptimal conditions (temperature, humidity, etc.);
  • exposure of the Product to climatic conditions or any form of non-compliant handling by the User;
  • Force Majeure under article XII of these T&C. 

7.2 The User is required to provide the Company with proof of purchase of the Product. In the absence of said proof, the Company will not grant return material authorization in the event of a potential fault with the Product. 

7.3 The User is required to provide the Company with a Product displaying the original serial number. In the absence of said serial number, the User will not be granted right to the guarantee by the Company. 

VIII. GUARANTEE

8.1 The Company meticulously ensures that each Product conforms strictly with its quality requirements and that it satisfies all inspections and tests, both technical and esthetic, conducted by the Company. 

8.2 The Product will be considered defective by the Company if it is already damaged at the moment of receipt by the User or if a manufacturing defect is reported in conformance with and within the timeframe stipulated by the guarantee pertaining to the Product in question.   

8.3 If a Product is defective at the moment of receipt or the User discovers a defect within the guarantee period of 2 (two) years from receipt of the Product, the User has the option to return it for repair. In such a case, the User must contact the Company in writing via the contact form found on the Website (in the “Guarantee” tab of the User account). This process is only valid once the order status reads “completed”.

8.4 The Products are guaranteed for 2 (two) years from the date of delivery. During the guarantee period, the User is required to report any defect to the Company in writing within 5 (five) working days, or be subject to the nullification of this right. In no case will claims made under guarantee, or for repair, or cases of replacement, result in the extension of the guarantee period or the commencement of a new one. Certain Products are covered by a 3 (three)-year guarantee. At the latest, the Company will inform the User of said 3 (three)-year guarantee at the moment that the Product is delivered. 

8.5 The Company highly recommends avoiding any contact between the leather watch strap and water, provided that said strap has not undergone any form of waterproofing treatment. In the event that the leather watch strap does come into contact with water, there is a risk of damage to the former (cracks, breakage, loss of hue). The Company advises Users to remove their leather strap before washing their hands, taking a shower or bathing. This guarantee only covers manufacturing defects in the Product. Products featuring luminescent, fluorescent and/or phosphorescent patterns do not pose any danger to the Users. 

8.6 The Company’s publicity campaigns and promotions (by nature intended to showcase the esthetic and innovative character of the Company’s Products), which may sometimes portray the Products in unusual circumstances or operating conditions, cannot be considered to constitute examples of normal use of the Products. The Company’s guarantee on the Products is limited to cases of defect(s) contingent upon normal and customary use of the Products by the Users. Should this not be the case, articles VII and IX of these T&C apply.

8.7 In order to activate their guarantee, the User must sign in to their customer account on the Website. In the “GUARANTEE” tab, the User must click on the activation button in the line corresponding to the Product in question. The User is also required to indicate their serial number (mandatory), their product reference (SKU) and their Order number. In the event of an issue,  the User is invited to contact the Company.  

8.8 During the analysis of the information figuring in the Product return claim, the Company reserves the right to refuse any guarantee with legitimate cause (for instance in the event that the guarantee period has passed, for defects not covered by the guarantee or for improper use of the Product by the User).

8.9 Within the framework of the guarantee, the Company may at its discretion repair or replace the defective Product to the extent possible. All repair times are indicative and in no case will the Company be held liable for them. If the Product cannot be replaced or repaired and if the same Product is no longer available, the User will be entitled to a full refund.

8.10 The repairing of Products by the Company or a third party consulted by said Company do not entitle the User to a new guarantee.

8.11 The Products must be sent by the User using the return label provided by the Company. Packages sent directly to the Company’s offices will not be processed and will instead be returned to the User in question at their own expense.  

8.12 All Products returned must be accompanied by the full details of the Order in order to facilitate their identification and accelerate their processing by the Company. Unidentified returns will be returned to the User in question at their own expense.

IX. LIMITATION OF GUARANTEE

9.1 THE COMPANY DOES NOT PROVIDE ANY GUARANTEE OTHER THAN THOSE PROVIDED IN RELATION TO THE PRODUCTS AND/OR THOSE PROVIDED FOR BY THESE GENERAL TERMS AND CONDITIONS. ANY POTENTIAL DEFECTS MUST BE REPORTED TO THE COMPANY IN WRITING WITHIN 3 (THREE) WORKING DAYS OF THE USER NOTICING SAID DEFECTS.

9.2 IN ANY CASE, THE USER ACCEPTS THAT THE GUARANTEE THAT THE COMPANY MIGHT BE LED TO ASSUME IN RELATION TO THE PRODUCTS SOLD WILL BE LIMITED BY THE RESIDUAL VALUE OF THE PRICE PAID BY THE USER.

9.3 NO OTHER GUARANTEE IS ASSUMED BY THE COMPANY WITH REGARD TO THE USERS IN RELATION TO THE PRODUCTS PROVIDED.

X. EXCLUSION OF LIABILITY

10.1 THE COMPANY’S PRODUCTS ARE INTENDED FOR PRIVATE USE AND ARE NOT INTENDED FOR PROFESSIONAL USE. TO THE FULLEST EXTENT PERMITTED BY MANDATORY LAW (CO ART. 100), THE COMPANY WILL NOT ANSWER FOR ANY DAMAGES, DIRECT OR INDIRECT, CAUSED TO THE USERS OF THE WEBSITE OR THE PRODUCTS OWING TO THEIR USE OF THE WEBSITE OR THE PRODUCTS. IN ANY CASE, THE COMPANY’S LIABILITY FOR DIRECT DAMAGES IS LIMITED TO WILLFUL MISREPRESENTATION AND GROSS NEGLIGENCE. 

10.2 THE COMPANY WILL NOT ANSWER FOR ANY DAMAGES, DIRECT OR INDIRECT, TANGIBLE OR INTANGIBLE THAT THE WEBSITE AND/OR THE PRODUCTS MAY CAUSE TO THIRD PARTIES.

10.3 IN ANY CASE, THE USER ACCEPTS THAT ANY ACTION FOR LIABILITY AGAINST THE COMPANY MUST IMPERATIVELY BE FILED WITHIN THREE YEARS OF THE DAMAGE OCCURRING, OR BE SUBJECT TO NULLIFICATION.

10.4 The Products and guarantees conform with Swiss law and the Company cannot be held liable in relation to the Products in the event of a failure to comply with the legislation of the country outside of Switzerland to which the Products are delivered. It is the User’s responsibility to make their own inquiries with the authorities of the country in which the delivery is taking place in order to know whether the Product is authorized there and to learn about their rights of withdrawal. 

10.5 In the event of conflict between the law of the country of delivery and these T&C regarding the right of withdrawal, the law of the country of delivery takes precedence. 

XI. USER OPINIONS

11.1 Once the Products have been delivered to the User, the Company reserves the right to request the User’s opinion on the Product(s) ordered. 

11.2 The User’s opinion may only be recorded with their consent. In the event that the User consents, the Company may question said User about their reasons for using the Products and about their satisfaction with regard to the use of the Products. This information may be published on the Website in connection with the Products in question with the consent of the User. 

XII. FORCE MAJEURE

12.1   The Company will not answer for any delay in delivery or the non-fulfilment of its contractual obligations with regard to the User in the event of Force Majeure. 

12.2 “Force Majeure” should be taken to mean all circumstances beyond the reasonable control of the Company, including natural phenomena, governmental measures, terrorist acts, demonstrations, fire, explosion, flooding, epidemics, pandemics, state confinement measures, restrictions  imposed on agriculture, border closures, factory blockades, strikes or other industrial disputes, accidents, factory downtime, transporter impediments or delays, the impossibility of or delay in obtaining the appropriate and necessary supplies or materials, foreclosure, sequestration or other measures taken by or at the behest of the apparent competent authority and any other acts that are neither foreseeable nor attributable to the Company and which objectively by nature lead to a delay in the provision of the Products.

XIII. DATA PROTECTION

13.1 The Company’s Confidentiality Policy defines its practices in regard to data protection. This Confidentiality Policy, the contents of which are expressly accepted by the Users, is available on the Company’s Website: https://code41watches.com/fr/sales/#tab_politique-de-confidentialit%C3%A9
 

XIV. INTELLECTUAL PROPERTY

14.1 “Intellectual Property Rights” should in particular be taken to mean the brands, designs, copyrights, database rights, domain name rights, expertise, patents and any other intellectual property rights, which have been filed or recorded or otherwise, related to the Company, the Website and/or the related Products.

14.2 The Intellectual Property Rights relating to the Website, the domain name and/or the Products held by the Company are and will remain the exclusive property of said Company. 

14.3  The User agrees not to use, represent or in any other way make use of the name of the Company and the brands owned by said Company and/or perform any act that would be contrary to the Intellectual Property Rights, including but not limited to the reproduction in any way of the Intellectual Property Rights. 

XV. MISCELLANEOUS

15.1 Should the clauses of these T&C be declared or become null or ineffective, or should any loopholes become apparent, the other provisions will remain valid. The invalid clauses will be interpreted or replaced in such a way that the intended goal of the Parties may be reached to the greatest possible extent. 

15.2 The failure of one of the Parties to demand the application of one of the provisions of these T&C or to avail itself of its violation shall not be interpreted as the renunciation by said Party of the entitlement to said provision. 

15.3 The Company reserves the right to modify these T&C at any time, on condition of notification of any changes made to the User.

XVI. APPLICABLE LAW AND JURISDICTION 

16.1 These T&C are governed by Swiss law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.

16.2 The exclusive jurisdiction for any dispute relating to the interpretation, application or execution of these T&C is situated in Lausanne, Switzerland.

XVII. CONTACT

17.1 Any question concerning these General Terms & Conditions may be sent:

a. to the email address team@code41.com

b. by mail to the address CODE41 Sàrl, Chemin de Mornex 3, à 1003  Lausanne. 

Terms and Conditions of the Pre-Boarding program

Version dated February 17 2021

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

I. Scope of application of these terms and conditions of the Pre-Boarding program

1.1 These terms and conditions govern the conditions of the Pre-Boarding program (hereinafter the "Right to Pre-Boarding") permitting its members (hereinafter the "Members") to obtain priority access to watches offered by the brand "Code41" (hereinafter the "Watches") marketed by the company COSANOVA Sàrl, Rue du Midi 10, Lausanne 1003 (hereinafter the "Company").

1.2 The Watches offered to Members of the Pre-Boarding program will be available for priority access on the website hosted at the URL: https://code41watches.com/ (hereinafter the "Website").

1.3 The Members have the option to exercise their Right to Pre-Boarding by means of payment to the Company of a subscription to the Pre-Boarding program (hereinafter the "Subscription).

1.4 With the general terms and conditions (hereinafter the "GTC") and the Confidentiality Policy, these terms and conditions of Pre-Boarding (hereinafter the "TCP") represent an integral part of the contractual relationship between the Members and the Company.

1.5 In adhering to these TCP, you acknowledge that you are over the age of majority and that you can exercise your civil rights or, if acting on behalf of a company, that you have the necessary power to represent it legitimately. If this is not the case, it is incumbent upon you to have your actions ratified by your legal or authorized representative. You will be responsible for any damages suffered by the Company following the breach of these provisions.

1.6 In adhering to these TCP, you guarantee that you possess sufficient financial means to fulfill the commitments made with regard to the Company, and that you have not been declared bankrupt or on the verge of being so.

1.7 In the event that one of these declarations and guarantees proves to be inaccurate, the Company reserves the right to have the contract finalized with the member nullified in accordance with Article 23 of the Swiss Code of Obligations (hereinafter the "SCO"), without prejudice to other means and actions available to the Company.

II. Right to Pre-Boarding and benefits

2.1 The Members may benefit from the Right to Pre-Boarding for the sale of a Watch by means of payment to the Company of a one-time Subscription of 350 (three hundred and fifty) plus VAT. The Subscription will be charged in the legal tender (CHF / EUR / USD / GBP) of the country where the Member is located.

2.2 The Right to Pre-Boarding grants the Member in question 24 (twenty-four) hours of priority access when a new model of Watch is made available for sale on the Website, and priority in acquiring a new model of Watch over clients not covered by the Right to Pre-Boarding.

2.3 The Company may, at its sole discretion, make decisions on public sales of Watches, in which the Members of the Pre-Boarding program will have priority access.

2.4 The Members of the Pre-Boarding program therefore have temporary priority over clients of the Company who are not covered by the Right to Pre-Boarding when a new Code41 model is made available for sale. A telephone/chat platform is made available to Members entitled to the Right to Pre-Boarding in order for them to ask questions or obtain information from the Company.

2.5 The Right to Pre-Boarding is non-transferable and may only be used by the account of the Member who has paid the corresponding Subscription.

III. Payment of the Subscription to the Company by the Members

3.1 Payment of the Subscription to the Company will be made in accordance with the payment methods contained in Article 4 of the GTC.

3.2 Once the Member's payment has been credited to the Company's bank account, the latter will confirm the Member's Right to Pre-Boarding and convey to them the means of exercising said right.

3.3 The value of the Subscription may be modified by the Company at any time without the prior consent of the Members, who will nevertheless be informed by the Company of the applicable price change in due course.

3.4 The fact of being a Member covered by the Right to Pre-Boarding grants priority access to the next sale of the Company's Watches, but does not grant the right to priority participation in all future sales of the Company's Watches.

IV. Price reductions

4.1 The Company may, at its sole discretion, reduce the pre-tax retail price of the Watch in question displayed on the Website for Members of the Pre-Boarding program.

4.2 The Member benefitting from the Right to Pre-Boarding is not, however, entitled to claim back any of the value of the Subscription from the Company. The Member renounces any claims against the Company in this respect.

V. Right of withdrawal

5.1 The Members may withdraw from the program by written notice to the Company up to 15 (fifteen) days before the official opening date of sales on the Website allowing access to public pre-orders for the watch in question.

5.2 In such a case, the Member will be fully refunded for the Subscription by the Company.

VI. Period of validity

6.1 The option of purchasing a Watch on a priority basis through the Right to Pre-Boarding must be exercised during the Company's next public sale after subscribing to the Pre-Boarding program.

6.2 Should the Right to Pre-Boarding not be exercised during the Company's next public sale after payment of the Subscription, this Right will expire definitively. In such a case, the Member will not be reimbursed for the Subscription by the Company.

VII. Exclusion of liability

7.1 Sales upon which Members benefitting from the Right to Pre-Boarding may exercise their priority access are limited. The Right to Pre-Boarding in no case guarantees the ability to purchase a Code41 watch.

7.2 The Company assumes no responsibility in the event that a Member is unable to exercise their Right to Pre-Boarding on selected watches designated by the Company as ineligible and/or in the event of technical issues limiting priority access to the Website.

7.3 To the fullest extent permissible under governing law, the Company refuses all responsibility for and will not be held liable for any damages that may result, directly or indirectly, from the Right to Pre-Boarding of the Members in question, from the payment of the Subscription and/or priority access (or lack thereof) to the Website and/or from the collection or processing of the personal data of the Members in this context.

VIII. Force majeure

8.1 With regards to the Members, the Company will not be held liable for any delay or the non-fulfilment of its contractual obligations in relation to the Right to Pre-Boarding in the case of force majeure.

8.2 "Force Majeure" should be understood to mean circumstances beyond the reasonable control of the Company, including natural phenomena, governmental measures, acts of terrorism, demonstrations, fires, explosions, flooding, epidemics, pandemics, state confinement measures, factory blockades, strikes or other labor disputes, accidents, unplanned factory downtime, transporter impediments or delays, inability to obtain or delay in obtaining supplies or the appropriate and necessary equipment, foreclosure, sequestration or other measures taken by or at the behest of the apparent competent authority, and all other acts which are neither foreseeable nor attributable to the Company and which are objectively likely to delay or prevent the fulfilment of its obligations by the Company.

IX. Data protection

9.1 The Company's Confidentiality Policy defines its practices regarding the protection of data. This Confidentiality Policy, the contents of which are expressly accepted by the Members, is available on the Company's Website (Privacy Policy).

X. Miscellaneous

10.1 Should any clauses of these TCP be declared or otherwise become null and void, or should any inadequacies become apparent, the other provisions shall remain valid. The invalid clauses shall be interpreted or replaced in such a way that the objective set by each Party may be achieved to the greatest possible extent.

10.2 The failure of one of the Parties to claim the application of one of the provisions of these TCP or to avail itself of its breach shall not be interpreted as renunciation by said Party of the benefits of said provision.

10.3 This contract is to be considered non-transferable by the Member, without the prior written consent of the Company.

10.4 The Company reserves the right to modify these TCP at any time, provided that they inform the Member of the modifications to be made.

XII. Applicable law and Jurisdiction

11.1 These TCP are governed by Swiss law.

11.2 The sole jurisdiction for any dispute regarding the interpretation, application or execution of these TCP is situated in Lausanne, Switzerland.

PRIVACY NOTICE

HOW TO READ THIS DOCUMENT

This privacy notice (“Notice”) applies to our community and to all individuals with whom we interact in the course of your business. This happens when you use our websites (the “Site”), if you are a visitor or an authorized user of our platform, a member of our community who follows our activities, our potential or current business partner, investor, suppliers, or as one of our lucky customers. When using our Site or creating an account to use the platform, you become an authorized user (“user”, “you” or “your”) and shall use our sites in accordance with our Terms of Sales

This privacy notice informs you about what information about you (“Personal Data” or “Personal Information”) we may collect directly or indirectly from you and that we create, store, transfer, share or delete (“Use”), the measures we use to protect your data and how you can exercise your rights. 

Please note that the French version of this Notice shall prevail over other languages versions.

1. OUR COMMITMENT

We take your privacy and confidentiality seriously. We implement best practices for protecting your Personal Information and ensuring that you can access and control them at any time. If the Uses of your information change, we will provide you with more information when we are in contact with you, by e-mail or through our website. Where necessary and if such change may impact you, we would do this by updating this Notice so that you can get a notification the next time you connect to our Site.

2. WHO IS CODE41

CODE41 Sàrl (« Code41 », “we“, “us“ or “our“), is an innovative company active in the watchmaking industry that operates under the laws of Switzerland. Code41 is registered in the registry of commerce of the Vaud State under number CHE-112.269.012, having its registered offices located at Chemin de Mornex 3, 1003 Lausanne, Switzerland.

When handling Personal Information about you, Code41 will act as the controller for the purposes that we describe in this Notice. If you have any questions related to the handling of your Personal Information by us or to exercising your rights, see section 14 or contact us at privacy@code41.com.

3. WHAT INFORMATION WE COLLECT ABOUT YOU

The information that we process about you may include various categories of Personal Data depending on your interactions with us. Below, we have identified the main categories of Personal Information that we collect about you. 

Examples of categories of Personal Information we collect
Contact informationWe collect your contact details when you create an account, such as your full name, date of birth, address and location, phone number, e-mail address, or when contacting us for support, or when submitting information to us via a contact form; 
- For community members: we will request data necessary  to register on your account, including your name and email address.
- For customers: your full name, personal or professional postal and/or email address, phone number, bank account for reimbursement or contract related purposes, and other contact details necessary to manage the contract with you.
- For business partners: full name of your personnel, e-mail email address, phone number and other contact details.
Business contact informationWe use Personal Information of your company personnel with our business partners and suppliers to exchange information, to conduct business and to manage our contractual relationship with you.
Customers and business partners financial dataWe only use financial data with our business partners and customers. Such information may comprise, where necessary your:
- bank name and account details to pay our suppliers or reimburse our customers of any amount that you may have paid to us; 
- where applicable and strictly required we may require identification data, your ID card or number to identify you.
Profiling informationWe use behavioural information about your use of the Site, in particular when we use cookies and similar tracking technologies. This information is key for us to improve your user experience and better tailor our campaigns, or provide more specific content that may be of interest to you. When you agree to such use, you can always decide to opt-out at any time.You can read more about such use in our cookies section.
Data we obtain from 3rd party providers for advertising purposesTo conduct our marketing campaigns and increase our audience and community, we use third party platforms to place advertisements based on the profile of our community members or customers.
Aggregate information and statistics dataSuch as where appropriate, through the use of tracking technologies. When placing optional cookies or similar tracking technologies that are non-essential on your device or to operate the website, we will do so on the basis of your prior permission, unless applicable data protection laws permit us to do so otherwise.
Media content
We may access media content via your user account, which may include:

- images, pictures or icons and other related media content that you may use within your user account and which may be protected by third-party rights. 

You remain responsible for the provision of such content to us, in particular to either inform or collect prior consent from any other individual captured in such media content prior to sharing this content with us or such information should not be subject to copyright nor other restricted use.
Instant messaging dataWhen you interact with us, we will collect and store communications content via instant messaging functionalities or, where available through the Site.

4. WHEN DO WE OBTAIN YOUR PERSONAL DATA

When using our Site, becoming a customer of our watches, interacting or working with us, or when we share our latest news with you, we will collect information about you via different means and for various purposes that we describe in this Notice. 

Information we obtain directly from you

In most instances, CODE41 will collect or access Personal Data directly from you, such as in the following cases:

Time of collection Context of the collection of your Personal Information
When signing up on our websiteWe collect personal information about you when you decide to create your user account to pre-order a CODE41 product or when you become a customer and buy one of our watches. This includes your contact details, including your home address to send you or deliver your desired product or CODE41 watch.
Upon creation of your user account within the SiteWhen you successfully submit information about you creating an account within the Site, you will either login directly or receive login details separately in order to log into your user account. Note that you may use social media plugins to register or log into your account on our Site, subject to their terms of service.
Upon a guarantee or a repair issue.We collect your contact details, when you need to interact with our community care service for product warranty or customer service questions. At that time, we will ask you to provide more information to help us to serve your request and identify you as one of our customers.
When you contact usWhen you ask questions via email, webchat or submit queries via our contact form or instant messaging, we will ask you to provide us with your: 
- first name; 
- last name; and 
- e-mail address. 
If needed, we may ask for more information to ensure that we can identify you. Your conversation may be saved for a short period of time necessary for us to improve our customer service, respond to you and address any concern that you may have regarding your products.
When you leave a comment on social platforms or rating platformsWe may collect your information in order to respond to you and better interact with you in case you mention CODE41 on social media, rate our company or further post comments, which may require us to respond to make your customer and community satisfaction optimal.
When you call usWhere permitted, and with prior notice to you, we may record the call for the improvement of our community care service.

Please note: when using instant messaging or similar free text features, ensure that no confidential, nor sensitive Personal Data is shared nor transmitted via our Site, (including via instant messaging), unless you are authorized to do so and, where required, you have duly informed data subjects about the processing of their Personal Data.

Information that we collect automatically

Data Category Description
User device and browser informationWhen you Use our Sites, CODE41 may collect and use certain information about your device and your Use of it. The information we collect may include:
- IP addressunique identifiers of your device, 
- location data, 
- information derived from cookies we may have stored on your device, which may contain Personal Data, and 
- information about the pages visited, search terms entered or links clicked within the Site. 

Read more on digital information we collect in our cookie notice.
Information collected by 3rd parties using cookies and other tracking technologiesIn some instances, when you Use our Site, we may share your Personal Information with 3rd parties. This may happen in the event we allow third party providers to place advertising content on the Site, in which case you may enable or disable such sharing or further manage your choices via our cookie banner. 

Information we obtain indirectly from you / via third parties

In general, CODE41 does not collect any Personal Data about you indirectly, i.e. from third parties.

5. FOR WHAT PURPOSE DO WE USE YOUR INFORMATION

When connecting to our Site and using the Site via your user account, we will collect Personal Information about you, including for the following purposes:

Main purposes for which we may Use your Personal Information
Managing your
user accounts
We access your Personal Data through your user account when you:
- you become a member of our community, 
- you agree to receive our newsletters, for upcoming products or to follow us and see our initiatives
- purchase CODE41 products and become a customer. 

You manage what information is contained in your account. 
Contracting purposesWe collect and Use Personal Data of:
- Business partners: including staff and third parties with whom you collaborate in the context of the services that you provide to us or in the context of a business relationship. 
- Customers: when we keep your information to manage the contract with you in relation to the product or services your request from us.This includes obtaining Personal Information before, during and after we enter into a contract with you, your organization and your staff. 
To assist customers with product customer serviceWe may have to identify you when you interact with us to respond to your queries and to deal with any inquiries that you may have in the context of a pre-contractual or contractual relationship with us.
Improve our customer serviceWe also use information, to improve our customer service, which includes:
- how much you paid for your order
- details of purchase (postal address, phone number, type of product)
- type of payment card
- which carrier or logistics providers is used to deliver the product

When using such information, we may conduct segmentation and customer profiles to improve our services. You can read more about your rights in the section below.
ProfilingTo better understand our audience and customers, we use certain personal information about you, including information that pertains to:
- your country, such as via your IP address and region
- your language
- your e-mail address
- number of pages visited
- number of e-mails received and when you open it
- your communications with us, such as instant messages, phone calls, and e-mails exchanged with us

In most instances we will only use aggregate information.
AdvertisingWe use aggregate information on 3rd party platforms to conduct marketing campaigns. This does not require us to know who you are and these platforms are responsible for your personal data as controllers.

6. HOW DO WE JUSTIFY USING YOUR INFORMATION (legal bases)?

This is a global Notice and shall apply wherever you reside. In this section, we describe our legal justifications (commonly referred to as “legal basis”) for the Use of your Personal Information related to each of our main processing activities. 

Please note: depending on the country where you reside, the law of your country may not require that we use a specific legal basis to justify Using your Personal Information, including transfers of your Personal Information outside your country (e.g.: in certain US federal or State laws). If your jurisdiction requires consent to Process your Personal Information when you interact with us, we will obtain your consent prior to the Use of such Information.

Below, we explain to you which legal basis we choose or have to use when Using your Personal Information.  

Legal basisExamples of processing activities and purposes for use 
Based on our contract with you As a member of our community (when you create your account), customer, or business partner we will keep and store your personal or professional contact details to interact, provide you with related offers as a customer, and manage the (pre-) contract or your user account, and for administrative or billing purposes.
We use our legitimate (or private) interest for example when:- we collect information about you when navigating on our Sites and other features, when you submit queries or interact with us
- we use your information in the context of a sale to propose you similar offers or inform you about upcoming products and send newsletters; or 
- use metrics for statistics purposes.
Based on your prior consent (where permitted or required by law upon)Depending on your country of residence, we may have to request your prior consent for example: 
- when subscribing to our newsletters;
- sharing or disclosing your Personal Data to third parties outside of your country of residence in countries that do not provide the same level of protection to your privacy as in your country of residence;
- using forms, when creating your user account; 
- to use your media content and your images (such as your photographs, quotes, audio or video recordings) for interviews, events, testimony or other similar activities ;
- when using cookies or similar technologies.
To comply with applicable law or data protection laws In some limited instances, we may have to keep some limited Personal Information about you longer than needed such as for tax or accounting purposes.

For authorized users of the Site

We process your Personal Information on the basis of the pre-contractual or contractual relationship that we will enter into with you and our legitimate interest. Such processing activities are listed below. In some cases, we do so for other reasons which are indicated to you in this section or separately via the Site. None of your Personal Data is disclosed to third parties without guaranteeing their confidentiality, integrity, availability and security or, where required by applicable law, with your prior consent.

Table for data retention, legal basis and purpose for each category of Personal Data 

Categories of Personal DataPurpose and legal basis
for the processing
Retention period
User account dataContractual relationship with us and for the management of the Site and your user accounts.Duration of the contract, your membership, or your use of the Site.
After that period, if you leave our community, delete your account, or at the end of your contract, we will erase your information.
Financial Data
Which is collected by third party providers in accordance with their terms of use and privacy notice.
We usually never receive your financial information, except based on our contract with you, we use it to send you reminders in the event of non-payment of invoices. Duration of the contract, your membership, or your use of the Site.
After that period, if you leave our community, delete your account, or at the end of your contract, we will erase your information.
Contact data
Including your name, professional e-mail, postal address and, where appropriate, your telephone number.
Contract with you as a customer, member of our community or a business partner, to manage your account or when you make a request to us. We also use your contact details after you consent In order to contact you for further information or in the event of a problem with the Site, in the context of your contract with us.We keep your information during the contract with you as a client, a business partner, as long as you keep an account. 
For queries, we will no longer keep your contact details if the query was solved and no follow-up is needed. 
E-mail address for marketingWe may either use your e-mail address on the basis of: (a) your prior consent (opt-in); or (b) our legitimate interest (opt-out). 

We use your e-mail in the context of a sale as a customer, a business partner to share our news or use our legitimate interest to provide you with content that may be of interest to you.
All users: we keep your e-mail for 13 months, unless you agree to continue receiving our updates and news.We will review and if required refresh consent from time to time. You will no longer receive newsletters after you unsubscribe.
For customers: We will keep your e-mail as long as necessary for product related matters, such as for the duration of the warranty. 
Media content transmitted via the Site (pictures, or files). 
The purpose of such processing is to provide you with best quality services tailored to your needs and demand. You decide to include such media freely in your user account, for example when you login with third party services, such as Facebook login or Gmail login. Duration of the user account or your choice to remove it. 
Instant messaging data
Any information that relates to the messages exchanged with us.
We process such data based on:
- your (pre-) contractual relationship with us in order to respond to your queries, for ticketing and customer support; and
- legitimate interest and contractual relationship where the service is provided as a feature on our Site
We will retain instant messaging data as long as your account remains in effect or as necessary to follow-up with your queries as a member of our community, a CODE41 customer, business partner or as part of the general public. After this, or if your query is closed, we will delete it. 
Aggregated data for statistics, analytics and profilingWe use our legitimate interest to collect metrics about the use of our sites, to improve our service, and for essential cookies that are not persistent. Where we do profiling or when we do not use your information, we may not need your consent, except for the use of certain tracking technologies as required.No longer than permitted under applicable data protection laws, but no more than 24 months. We generally do not collect data that allows us to identify you, only on aggregated or anonymized levels. 

7. DATA MINIMIZATION

Where permitted and feasible, and to protect your right to privacy, CODE41 will take reasonable steps to remove or anonymize information that may directly or indirectly identify you and restrict to the minimum the amount of Personal Information that we Use, submit or transfer to third parties.

8. WITH WHOM DO WE SHARE INFORMATION ABOUT YOU

Who can access your Personal Data

Only limited individuals can access your Personal Data. Any person accessing your Personal Information will ensure the same level of confidentiality that CODE41 is using, and equivalent technical measures employed to protect your Personal Information. Those individuals may include: 

  • our duly authorised employees, suppliers, consultants or workers;
  • approved third parties, such as IT service providers, or auditors.

When engaging with third parties, we enter into agreements with them for the Processing of Personal Data so that such Processing is carried out in accordance with our instructions, in a confidential, secure, and transparent manner in order to protect your privacy rights.

Cross-border Personal Data transfer

When we receive information about you or exchange information with us or other users, we will receive and process your Personal Information in the country in which we are located. 

If you are in the European Economic Area (“EEA”), UK and Switzerland

For users and customers located in the EEA and the United Kingdom, any transfer to us in Switzerland does not require additional safeguards as Switzerland is recognized by the EU Commission as a country with an adequate level of protection equivalent to the European privacy laws. 

When accessing your Personal Data from, or transferring it, outside of the EEA, UK and Switzerland to countries that may not provide the same level of protection as your own country, we will use appropriate safeguards to protect your right to privacy. For example, such safeguards may consist of using Standard Contractual Clauses (to exchange information with third parties outside of the EEA, UK and Switzerland) as approved by the European Commission or the competent authority from time to time, data transfer agreements or your consent. When needed, transfers may have to be submitted to authorities.

a) Transfer to third country jurisdictions

If you are located in a country that does not recognize our country as having an adequate level of protection, we will rely on appropriate safeguards (such as the standard contractual clauses or other lawful transfer mechanisms) with you to access Personal Data outside your country of residence. Most of the time, you will share such Personal Information with us, via the Site, on a voluntary basis, for the purpose of entering into a contract with us or on the basis of your consent. 

This occurs for example where the processing activity relates to: (a) the registration and management of your account, or (b) entering into a contract with us. 

b) Disclosure with third parties 

In certain limited cases, authorized third parties outside our organization may access your data. These may include:

  • third parties who provide us with services for the administration of the Site (such as IT services in the event of a breakdown or for the maintenance of our Site); 
  • financial services, such as Payzen (Lyra Network) that you may use within the Site to purchase certain products and which may access information strictly necessary for ensuring and securing the payment that you make via the Site. You may access terms and notice from such financial providers here: Payzen | Terms of use | Privacy notice. When paying online, CODE41 will not access your payment details unless we have to reimburse you or to send you a reminder in case of late payment.
  • other authorized third parties, such as our CRM platform, data center providers, IT providers, such as Amazon web services, or other authorised third parties.

When engaging third parties, we have entered into agreements with them for the processing of your Personal Data so that such processing is carried out in accordance with our instructions, in a confidential, secure, transparent manner, to protect your privacy rights (section 10 to this Notice) and comply with data protection laws.  

9. WHAT COOKIES AND TRACKING TECHNOLOGIES WE USE

Cookies or similar tracking technologies may be used on the Site to automatically collect certain information about your device. We usually do not collect your Personal Data, however should it happen, this may include Personal Information as explained in this section. 

Consent management tool: For more details on the cookies we use, you can read our cookie table, you can access our consent management platform for cookie consent here or on the footer of our website. 

Where appropriate, you can also read how tracking technologies work on other websites you use by accessing the respective cookie notice.

What are cookies and tracking technologies?

Cookies are small text files that are placed on your device when you visit a site, which are then used to identify your device for the purposes described below. Cookies set by the owner of a site are called “first party cookies”. Cookies set by other people are called “third party cookies”. Third party cookies enable the third party to provide features or functionality on or through the site (like analytics, advertising and videos). The parties that set these third-party cookies can recognize your device both when it visits our site, and when it visits certain other sites.

What categories of cookies do we use?

We generally use certain types of cookies during your session on our website (“session cookies”). To improve your experience or remember your preferences or choices, we may use cookies that will remain on your device unless you remove them (“persistent cookies”). When using cookies on our Site, this technology may include:

Categories of cookies and tracking technologies that we may Use
Strictly necessary cookies("required")These cookies and tracking technologies allow our websites to operate and improve the security of our website. For example, we use them when you need to authenticate or use log-in functionality to access restricted parts of our Site.
Performance cookiesThese cookies may allow us to:
- improve our Sites;remember language or other preferences when browsing; or 
- use other features on our Sites, or platforms to improve your experience.
social media cookiesWe may use social media plugins to share interesting content, connect to certain accounts which may enable you to share your Personal Information with us. These platforms may access your browsing history and collect information about your browsing journey on their own terms. When doing so, we are not responsible for how these platforms use, share or protect your information. You can access more information by connecting to their respective terms of service.
Analytics cookiesThese cookies allow us to better understand your use of our websites, establish statistics about your usage and visits (for example, information on each page visited, how long users navigate to a specific page, how long it takes to download one specific page, what are the actions of users on each page (click, selection, etc.).
Other tracking technologies When you use third-party web-based software or websites, mobile apps, the technology may involve certain built-in tracking technologies. This can include: 
- web beacons, web server data and similar technologies;
- tracking pixels, which we may include as an image in our communications with you. This may allow us to understand when you read electronic communications we send you, deliver more accurate and relevant content, and improve our communications to you. When using this technology, we may receive aggregated or anonymized information. In certain cases, we may collect Personal Information from you, for example: 
- location data (such as city, region and where you opened your email);
- your IP address
- browser and device information: for example, your mobile or desktop operating system (OS), type of email software, device, and user agent; or
- the date and time you open our electronic communications. 
- other trackers that allow functionalities, such as remote interactions with you via chatbots, instant messages and other online features on our websites or in third-party software we use.

Why do we use cookies on your Site?

We use them for the following purposes:

  • Making your experience more efficient, faster and easier: by remembering your preferences, like preferred language, display and other settings, maintaining your session, and for authentication purposes. This helps us to provide you with a better user experience. These cookies are also referred to as session-Id cookies, authentication cookies, and user Interface customization cookies.
  • Gain useful knowledge about how the site is used: by collecting information about the number of visitors and other uses. This helps us improve our sites. These cookies are also referred to as analytics cookies. For this purpose, we may use analytics services such as Google analytics, which means that Google and similar suppliers will also have access to this information (including your IP address and any other equipment identifiers such as the IMEI number and the MAC address).
  • Provide easy access to our social media sites. This helps us to direct you and share with you our content within sites such as Facebook, Twitter, LinkedIn, Google Plus, YouTube or Pinterest. If we use any ‘social media plugins’, they may store cookies and similar technologies on your computer or other device. This means that the social media sites may access this information (including your IP address), and may identify that you interacted with our Site.
  • Conduct profiling. This allows us to better understand our audience and improve our response, messaging and interactions with our community and customers.
  • Advertising and retargeting. We conduct marketing campaigns, mostly via third party platforms and under the control and responsibility of these 3rd parties. 

Google Analytics

Should we use one of such technologies, and if you do not want certain data about you to be passed on to Google Analytics, please follow the instructions here to opt-out and deactivate the service. You may at any time set your browsing tools and refuse cookies that are not necessary to provide you with the service via the consent management tool that we may use from time to time on the Site. For more information about cookies, you can visit the following website: https://www.allaboutcookies.org/

How to reject or opt-out from cookies

Your web browser can be set to manage cookies and even to reject them. Do bear in mind that if you set your browser to automatically reject cookies, your user experience when visiting websites will not be the same: your preferences may not be remembered, some functionality may be lost and you may not be able to access certain areas or features of the sites.

10. HOW TO UNSUBSCRIBE FROM NEWSLETTERS

We may send you information about our services, in the context of the contract you have with us or your membership, your account and information about our activities and our products. Whether you opt-in or receive a right to opt-out to discontinue receiving news or updates from us, you always have the opportunity to unsubscribe, at any time, from our marketing communications by clicking on unsubscribe in the e-mail. You can find more in section 14 below about your rights or contact us at privacy@code41.com

11. HOW DO WE PROTECT INFORMATION ABOUT YOU

We implement appropriate technical and organisational controls to protect your Personal Information that we hold to prevent unauthorised Processing, loss of data, disclosure, use, alteration, or destruction.  Where appropriate, we may use protective techniques such as encryption, pseudonymisation, de-identification and other technologies that can assist us in securing the information about you, including measures to restore access to your information. We also require our service providers to comply with reasonable and recognized data privacy, confidentiality, integrity, availability and security requirements.

We conduct tests and reviews of our technologies and processes, including a review of our business partners and vendors, so that our security controls remain effective. Also, when not needed anymore, we will further anonymize your Personal Information or delete it when it is no longer needed for the purpose for which we originally collected such Information.

List of security measures
We have configured our systems to apply industry standard information security measures and used a recognized security framework to protect your information, which includes, inter alia:
  • HTTPS and SSL encryption, file encryption, Password strenght requirements;
  • Access controls via privileges and roles;
  • Software built in accordance with privacy by design and by default principles;

Usage of bastion hosts to restrict access to the databases.Where we use third party suppliers to help us with information security measures, they have committed to comply with strict data protection requirements to ensure maximum confidentiality, integrity, and availability of your personal data.

12. WHERE DO WE STORE YOUR INFORMATION

We operate from Switzerland, which is a country that is recognized with a legislation that provides high standards of protection to the rights and freedoms of data subjects about the handling of your Personal Data. Although we operate from Switzerland, we may use third-party service providers to handle our customers, business and community database and other relevant information in a secure manner. 

Hosting location

Our current Customer Relationship Management platform (CRM) database and the various functionalities that we use to better understand our audience and interact with you, use backup and disaster recovery and hosting locations in Dublin, Paris, and in the United States.  

The hosting of your data is located on the servers of AMAZON WEB SERVICES EMEA SARL a company located in, and operating from Luxembourg, with redundancy servers located in Ireland and France. In general, our hosting providers have configured their servers so that they cannot access your data without our express authorisation. Amazon uses industry best practices information and data security, in particular AES 256 bit encryption, which is one of the most secure standards for encrypting your information.

13. HOW LONG DO WE KEEP YOUR INFORMATION 

Data retention

We will keep Personal Information we collect about you for as long as necessary for providing the services via the Site, and to comply with any legal obligations (e.g.: to comply with applicable laws, legal, tax or accounting requirements and for archiving purposes). 

Where we have no legitimate business interest to continue to process your Personal Data or if you ask us for deletion, we will either delete and ask our hosting providers and third parties to further delete your Personal Information, anonymise it or, if this is not possible (for example, if Personal Data has been stored in secured archives), we will securely store and isolate your information from any further processing until the deletion becomes possible and delete it as soon as technically possible. We may use any appropriate technology or other measures to protect your Personal Data and mitigate any risks, such as obfuscation, blanking or encryption. 

Customer retention schedule

Note that unless you agree to continue receiving newsletters and updates about our activities and product developments, or where otherwise permitted by applicable laws, we will not retain the Personal Information contained in our customers’ database (CRM) for a period longer than 13 months. If you have questions or need further information concerning our data retention and practices, contact us at privacy@code41.com.

14. YOUR RIGHTS TO PRIVACY

As a user of our services and a customer on our Site, and depending on your country of residence, you may have the right to exercise your rights and / or file a complaint in front of a competent data protection authority. 

Access, Revision, Deletion

Under applicable data protection law, you may have a right to request a copy of information about you held by us. You may also have the right to revise, correct, or delete such information. Your rights to such information may be subject to limited legal and regulatory restrictions.  

Objection to processing and additional rights

Under applicable data protection law (e.g. European data privacy law), you may formally object to the processing of your Personal Information. In certain circumstances, you may have the additional right to restrict or suspend aspects of the processing of your information or ask for a copy of your data to be provided to you, or a third party, in a digital and machine readable format (portability). 

Objection to direct marketing

You have the right to object to certain processing of your information. This includes the right to object to our processing of your information for direct marketing. If we process your information based on our legitimate interests you can object to this processing, and we will cease processing your information, unless the processing is based on compelling legitimate grounds or is needed for legal reasons. Where we use your information for direct marketing for our own services, you can always object and opt out of future marketing messages using the unsubscribe link in such communications.

US State privacy laws

Under certain US State laws, you may have certain rights attached to our use of your Personal Information. In particular, if you are located in a US State that regulate the sale of you information, CODE41 does not sell your information, nor discloses or shares any information about you with third parties for their commercial benefit, when you are located in these US States. You can contact us for more information.

For California residents

The California Consumer Privacy Act 2018 (CCPA) and its upcoming amendments such as the California Privacy Rights Act (CPRA), California residents have specific rights regarding their Personal Information held by private companies. In particular, we do not: (i) sell any Personal Information from individuals located in California, (ii) share any such Personal Information with third parties for their own commercial benefits, nor (iii) discriminate against you in any kind. Californian individuals can exercise their rights by contacting us at privacy@code41.com

Rights of European Individuals to complain in front of Data Protection Authorities

In the event that any individual located in the EEA countries, UK and Switzerland believes that we have processed information in a manner that is unlawful or breaches your rights, or has infringed the “General Data Protection Regulation”, the ICO UK, or the Swiss Federal Data Protection Act, you have the right to complain directly to the competent data protection authority. The list of those authorities can be found on the European Data Protection Board website or here: https://edpb.europa.eu/about-edpb/board/members_en.

15. OTHER INFORMATION ABOUT YOUR PRIVACY

A) Automated decision making and/or profiling

We do not use algorithms to make decisions that are solely based on automated decision-making, including profiling. Someone will be involved to validate decisions resulting from such use.

B) Links to other websites

Our service may contain links to other sites that are not operated by us. If you click on a third-party links, you will be directed to that third party’s site. We strongly advise you to review the privacy notice of every site you visit. We have no control over and assume no responsibility for the content, privacy notice or practices of any third-party sites or services.

C) Children’s Privacy

Our Service does not address anyone under the age 18, especially if the services require one-off or regular payments. However, we may allow you to use our service if you are under the age of 18, down to 16, or where applicable local data protection law permits us to do so, down to the age of 13 (“Children“). The age of 13 should be the minimum age under which you may not be allowed to use the Site at all. We strongly recommend that you only use this Site only if you are above the age of 18 (“Adult”), as we may have to request additional information about you if you are not yet an Adult. 

For Children using our services, you must get the prior permission of your parents or legal tutor to use our Site and contract with us. In particular, we do not knowingly collect personally identifiable information from anyone under the age of 18 on a voluntary basis. If you are a parent or guardian and you are aware that your child has provided us with Personal Information, please contact us if you disagree with this. If we become aware that we have collected Personal Information from Children without verification of parental, judicial or guardian’s consent, we take steps to remove that information from our servers.

16. CHANGES TO THIS PRIVACY NOTICE

CODE41 may update this Notice from time to time by posting any revisions on this website.  Where any material revisions are made, we may place a prominent notice on this website and when legally required to do so, will directly notify you.

17. CONTACT

We provide easily accessible information via our website or on request. If you have any questions or requests related to data protection, please contact us at the following contact details:

CODE41 SARL

Chemin de Mornex 3 
1003 Lausanne

Email: privacy@code41.com 
Last updated: 1 September 2021

UK GDPR Representative : Shakespeare Martineau LLP (registered in England and Wales with number OC319029), registered office is No 1 Colmore Square, Birmingham, United Kingdom, B4 6AA. Email : ukgdpr@shma.co.uk.

EU GDPR Representative : Timelex CV/SC (incorporated and existing under the laws of Belgium under the number 0890.217.005 ), having its registered office at rue Joseph Stevensstraat 7, 1000 Brussels, Belgium. Email : geert.somers@timelex.eu.

Shipping Policies

Delivery charges

We offer standard delivery prices on all orders!

Delivery times and means of transport*

*Our orders are delivered express and signed for upon receipt (except recorded mail).
COUNTRY DELIVERY TIME
SWITZERLAND 1-5 working days
FRANCE 1-5 working days
EUROPE- REST OF WORLD 3-7 working days

Tax and customs

Our prices include VAT and customs duties worldwide, except for locations with special legislation. Any potential additional fees charged by your local government will be at your expense. Shipping costs and taxes will not be refunded for packages refused as a result of the non-payment of VAT/duties.

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 4 and 6 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. More info: 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