Terms of sale

code41watches.com terms of sale V01 - 01.03.2017

1. General

The code41watches.com online shop has been set up and is operated by cosanova Sàrl (cosanova), domiciled at rue de l’Ale 30, 1003 Lausanne, Switzerland. The present terms of sale are intended to define the contractual relations between cosanova sàrl and the purchaser as well as the terms applicable to any purchases made via the www.code41watches.com Internet site. Any order placed via the code41watches.comsite implies the unconditional acceptance by the purchaser of the present terms of sale. Any purchases effected on the www.code41watches.com Internet site shall be exclusively subject to the standard terms of sale. The latter shall apply to the goods that the purchaser orders from www.code41watches.com via the Internet. These terms of sale shall take priority over any other standard or specific terms not agreed expressly by cosanova. cosanova reserves the right to modify its terms of sale at any time. In such a case the terms applicable shall be those in force on the date when the order is placed by the purchaser.

2. Your status

If you order an article on our Internet site, you guarantee that the following conditions are satisfied: - you are entitled to conclude contracts with binding effect; - you are at least 18 years of age.

3. Data protection

The personal details that you transmit to us shall be recorded only in cosanova files. These details shall be used within the framework of the execution of your order and for the purpose of organising publicity campaigns, for instance by e - mail. The addresses shall not be communicated or transmitted to third parties. The purchaser's personal details will only be used within the framework defined by the federal data protection laws.

4. Prices

The prices of goods stated on the www.code41watches.com Internet site are net prices in Swiss Francs (CHF) (Other currencies are only indicative prices). The prices include VAT (8% for Switzerland delivery, 20% for European Union delivery) & exclude VAT for rest of world. The prices in force are those published on the www.code41watches.com site. Packaging and postage costs shall be charged in addition to the price of the articles ordered. They are calculated automatically on the site when the order is validated. cosanova reserves the right to modify its prices at any time, it being understood, however, that the price shown on the site on the day when the order is placed shall be the only price applicable to the purchaser.

5. Products

The products shall remain the property of cosanova until receipt of the invoiced amount. The photographs illustrating the products shall not fall within the contractual scope. If there are any errors, under no circumstances will cosanova be subject to liability.

6. Order

Validation of the order shall have the effect of an electronic signature, equivalent to a handwritten signature, in the contract between the purchaser and the vendor. The order shall be confirmed by electronic mail to the address communicated by the purchaser on the order form. For orders of significant quantities, or for a high amount, cosanova reserves the right to check the purchaser's details. The information provided by the purchaser when placing the order shall be binding on him/her. In the event of an error in the text of the recipient's details, cosanova shall not be held responsible for the impossibility of delivering the product. If the products ordered are not available, you will be informed by electronic mail. You will then have the choice of waiting until the article is available again or cancelling the order. Order Cancellation. If an item of merchandise is delayed out of the CODE41 fulfillment center or becomes unavailable, or if there is an error on the Website pertaining to the order (e.g. an error pertaining to the price and/or description of merchandise), then CODE41 may cancel the order. If this occurs, then CODE41 will contact you so that you are aware of the situation. Restrictions on Resale. In order to protect CODE41's intellectual property rights, any suspected resale of merchandise for personal and/or business profit is strictly prohibited. CODE41 will not accept any order that is deemed to possess characteristics of reselling. CODE41 reserves the right to cancel any subsequent order from a customer who has been suspected of reselling.

7. Payment Terms and transaction security

Payment. The price given on the CODE41 online shop at the time the order is placed is binding. Payment of goods is fundamentally possible by means of credit card (secured by 128-bit SSL encryption) or PayPal. The payment types concretely available to you are displayed during the ordering process. When paying using a credit card, the card is immediately debited. Discounts and Promo Codes. We may, in our sole discretion, create discounts and promotional codes that may be redeemed for credit in your Account, or other features or benefits, subject to any additional terms that we establish on a per promotional code basis (“Promo Codes”). Promo Codes may only be used once per person. Only Promo Codes sent to you through official CODE41 communications channels are valid. You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold, or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by us; (iii) may be disabled by us at any time for any reason without liability to us; (iv) may only be used pursuant to the specific terms that we establish for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Disputes. You must notify us in writing within seven (7) days after receiving your credit card statement, if you dispute any of our charges on that statement or such dispute will be deemed waived. Billing disputes should be notified to the following address: [CODE41 rue de l'Ale 30 CH-1003 Lausanne Switzerland]. Third Party Payment Services Provider. CODE41 uses Stripe Inc. (“Stripe”) and PayPal, Inc. (“PayPal”) as a third party service providers for payment services (e.g., credit card transaction processing, merchant settlement, and related services). By using the CODE41 Properties, you agree to be bound by Stripe’s US Terms of Service available at https://stripe.com/ch/terms and Privacy Policy available at https://stripe.com/ch/privacy and PayPal’s User Agreement available at https://www.paypal.com/ch/webapps/mpp/ua/useragreement-full and Privacy Policy available at https://www.paypal.com/ch/webapps/mpp/ua/privacy-full, as applicable. You hereby consent to provide and authorize CODE41, Stripe, and PayPal to share any information and payment instructions you provide to the extent required to complete the payment transactions in accordance with the Terms, including personal, financial, credit card payment, and transaction information.

8. Right of withdrawal

The customer can cancel the order within a period of fourteen days following receipt of the goods without being obliged to state any reason. Withdrawal shall be effected by returning the goods to cosanova within the stated deadline, the date of postmark being the determining factor. If the withdrawal has been made correctly, cosanova shall reimburse the price paid excluding delivery costs, on condition that the goods are received by cosanova unused and in original condition. The costs incurred for the return of the goods shall be borne by the client. cosanova declines all responsibility in the event of damage or loss during transport. Goods finished in accordance with customer specifications or goods which have been clearly tailored to the personal requirements of the customer (i.e. engraved items) are non-returnable. All engraved items are specifically for final sale and have been engraved according to customer specifications. CODE41 is not liable for errors that are the result of customer instructions or specifications. Return's address: CODE41 rue de l'Ale 30 CH-1003 Lausanne Switzerland

9. Liability

www.code41watches.com undertakes to implement all the means at its disposal to ensure the best quality service possible. However, www.code41watches.com cannot be held responsible for malfunctioning occurring on the Internet and electronic networks.

10. Cancellation and force majeure

A case of force majeure shall be any external unforeseeable event that we cannot influence and that prevents the normal performance of our services. In the event of a case of force majeure usually acknowledged as such by judicial practice, the obligations linked to the order in process shall be suspended for the entire duration thereof. If the case of force majeure lasts longer than 30 consecutive days, the order in process shall be cancelled. In addition, www.code41watches.com reserves the right to cancel any contract at any time without stating reasons. In such an event, www.code41watches.com undertakes to reimburse the purchaser.

11. Applicable law and jurisdiction

The present standard terms of sale are subject to Swiss law, irrespective of the purchaser's country. The invalidity of one or more clauses of the standard terms of sale shall not lead to the invalidity of the entire document. In place of a legal gap, the provisions of the Swiss Code of Obligations alone shall apply. Any litigation shall be subject to Swiss law exclusively. The legal venue shall be 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.

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