General terms relation to the processing of personal data
Welcome to the Montres Cimier website.
Our activity is evolving and these terms are also changing. We invite you to refer to our website regularly to find out information regarding the most recent changes. Unless otherwise specified, our general terms relating to the processing of personal data apply to the use of all the information we have collected concerning you. We keep our promises and will never substantially change our policies or practices in a way that would reduce the protection of client information collected in the past, without the consent of the clients concerned. Click here to refer to the previous version of the general terms relating to the processing of personal data.
The Client acknowledges that the conditions have been translated from French. In the event of a divergence between this translation and the original French text, only the French version is valid.
The company Montres CIMIER SA provides you with website features and other services when you visit the Montres Cimier website (https://cimier.com) or make purchases there. The Montres Cimier is a brand operated by Montres CIMIER SA.
Montres CIMIER SA supplies its services by abiding by the general terms relating to the processing of personal data as defined on this page. Montres CIMIER SA pays special attention to the protection of personal data. With this aim Montres CIMIER SA undertakes to respect the applicable European and Swiss legislation regarding personal data processing.
The protection of natural persons with regards to personal data processing is a fundamental right whatever the nationality or residence of the natural persons. The right to personal data protection is not, however, an absolute right; it must be considered in relation to its function in the Montres CIMIER SA and balanced against other fundamental rights, in accordance with the principle of proportionality.
WHAT PERSONAL DATA DOES MONTRES CIMIER SA COLLECT ABOUT ITS CLIENTS?
- Website connection data: data relating to your browser (IP address, browser name);
- Analysis data: allows the analysis of the number of visits and habits of website visitors;
- Data coming from forms found on the Montres Cimier website;
EXAMPLES OF PERSONAL DATA COLLECTED
You supply information when you:
- Search for our services;
- Order our services;
- Contact us by telephone, email or by any other means;
- Insert personal identification data: username;
- Fill in forms found on the Montres Cimier website.
- Through these actions you give us information including: your name, address and telephone number, age, geographical location, the names, addresses and telephone numbers of the recipients of bought products, VAT numbers.
LAWFUL, LOYAL AND TRANSPARENT PROCESSING AND DETERMINED, EXPLICIT AND LEGITIMATE PURPOSES
Personal data collected ensure the security as well as the correct operating of our website.
All information that we collect from you can be used to:
- Personalise your experience and meet your individual needs;
- Continually improve our products and services;
- Correct errors and improve the accessibility and efficiency of the services offered by Montres CIMIER SA;
- Supply personalised advertising content;
- Improve our website;
- Improve customer service and your support needs;
- Contact you through different channels (e.g. e-mails, telephone);
- Register and process orders relating to the supply of our services;
- Process payments and communications with you in connection with your service orders;
- Administer a competition, a special offer, a newsletter or a survey;
We may also be called on to request your consent to process your personal information for a specific purpose that we will indicate to you. When you agree to the processing of your personal data for this specific purpose, you will be able to withdraw your consent at any time and we will stop any processing of your information for this purpose.
DOES MONTRES CIMIER SA SHARE YOUR PERSONAL DATA?
Montres CIMIER SA does not sell the collected data to third companies. Your data are protected and only used in the framework of your relationship with Montres CIMIER SA.
We use other independent companies or persons who supply certain services on our behalf. Here are a few examples: the sending of regular mail or e-mails, the analysis of our databases, the supply of search results and links, the processing of payments and the transmission of contents. These third-party service providers have access to the personal information necessary for performing their services and are not authorised to use them for other purposes. Moreover, they are bound to process this personal information in accordance with these general terms and with governing laws regarding personal data processing.
The Montres Cimier website will not store information relating to payments. We use PayPal and Stripe to deal with this.
We disclose personal information when we are legally obliged to do so or if this disclosure is necessary to enforce our general sales terms or other agreements, or to protect the rights, property or security of Montres CIMIER SA or those of the users of the Montres Cimier website or other persons. This includes the exchange of information with other companies and organisations with the aim of protecting against fraud. In all other cases, you will be informed if your personal information had been shared with a third party and you will have the chance not to agree to such sharing.
PROTECTION OF PERSONAL DATA
We are concerned with the safety and protection of your personal data.
Your data is stored on secured Swiss servers. They are equipped with the latest technologies and enjoy the best protection.
We protect the safety of your personal data while it is being transmitted by using SSL software (Secure Sockets Layer Software) that encrypts the information you enter before it is sent.
We respect the safety standards of the payment card industry (PCI DSS) when we process payment card data.
We maintain physical and electronic safety measures and back-up procedures in relation to the collection, storage and communication of clients’ personal information. Our safety procedures may require us to ask you for proof of your identity before being able to pass on your personal information to you.
The personal data required by Montres CIMIER SA are appropriate, relevant and limited to what is necessary regarding the purposes for which they are processed.
The personal data collected by Montres CIMIER SA are exact. All reasonable measures are taken so that inaccurate personal data, with regard to the purposes for which they are processed, are either deleted or rectified without delay.
LIMITATION OF DATA RETENTION
Personal data collected by Montres CIMIER SA is kept in a form allowing the identification of the persons concerned for a period not exceeding that necessary for the purposes for which they are processed, for a period necessary to carry out such legal obligations as, for example, tax or accounting obligations, or for any other duration that may have been communicated to you.
INTEGRITY AND CONFIDENTIALITY
Personal data are processed by Montres CIMIER SA in such a way as to guarantee the appropriate security of personal data. They are protected against unauthorised or unlawful processing and against the loss, destruction or damage of accidental origin, with the help of appropriate technical or organisational measures. The data are stored on secured Swiss servers. These servers are equipped with the latest hardware technologies and enjoy the best protection. Moreover, SSL encryption is used to protect sensitive information transmitted online. Offline information is also protected. Only employees that need to carry out a specific job have access to identifiable personal information. The latter is subject to professional secrecy. The computers used to store identifiable personal information are kept in a secured environment.
DATA PROCESSING CONCERNING CHILDREN
You can only give your consent regarding the processing of your data if you are over the age of 16. If you are under the age of 16, consent must be given by a person who has “parental responsibility”.
Cookies are small files stored in your browser or your appliance for a defined period. They allow your browsing data to be kept, such as, for example, the choice of language. Here for example are cookies stored during your visit to the Montres Cimier website:
- The Stripe payment systems uses a cookie for its needs;
- Standard cookies aim at protecting you as a visitor or to record your preferences.
THE PROCESSING MANAGER
Montres CIMIER SA established in route de Soleure 136, 2504 Bienne is the processing manager of data collected and processed via the Montres Cimier website.
For any questions or requests relating to the processing of personal data within Montres CIMIER SA or if you wish to contact the processing manager, please send us a detailed e-mail to the following address: firstname.lastname@example.org.
We undertake to deal with your request within a maximum of one month. In order to be able to access your request, we ask you for proof of your identity for the purpose of identification and confidentiality.
NOTIFICATION IN THE EVENT OF A DATA BREACH
An incident must be reported to the supervisory authority and the person concerned, less than 72 hours after being aware of it. Montres CIMIER SA shall avoid this obligation if the personal data breach has little chance of resulting in risks to the liberties and rights of natural persons.
WHAT RIGHTS ARE YOU ENTITLED TO?
The right to be informed
You have access to information about the processing of your personal data and the reasons for this processing. You can obtain basic information on this subject. The controller will give you the necessary information even if the personal data has not yet been obtained.
The right of access
You are entitled to obtain confirmation from the controller that the personal data concerning you have not been processed.
If the controller confirms that the personal data have been processed, the person concerned is entitled to have access to his/her personal data and obtain such information as:
- The aims and reasons for the processing;
- The categories of personal data concerned;
- The recipients or categories of recipients to which the personal data have or shall be communicated, in particular the recipients in third countries of international organisations;
- The existence of the right to ask the controller to correct or delete personal data, limit the processing of personal data relating to the person concerned, or the right to oppose this processing;
- The right to oppose and complain to a supervisory authority.
The right to correction
You are entitled to correction of the personal data concerning you that are inaccurate, as soon as possible, by the controller.
The right to deletion
The controller must delete your personal data if these are not necessary for the purpose for which they have been collected or processed; if the person concerned withdraws his/her consent on which the processing relies; or if the personal data have been processed unlawfully.
The right to data portability
You are entitled to receive your personal data. The personal data received must be structured in a legible format by a machine, because you have the right to pass on your data to another controller, with no interruption resulting from the controller, to whom your personal data have been supplied beforehand.
The right to oppose
You are entitled to oppose the processing of your personal data at any time. The controller shall no longer process your personal data, unless he/she proves that there are legitimate and pressing reasons for the processing, which prevail over your interests, rights and liberties, or for the observation, exercising or defence of rights in court, notably in the framework of a technicallegal investigation. The controller must show that there is reasonable proof to process the data, or that this data processing is within the limits of your legal rights. If Montres CIMIER SA cannot respond to one of these requirements, it must stop the processing.
The right to limitations
You are entitled to ask for the processing to be limited if this is unlawful. You are also entitled to oppose the deletion of your personal data and demand instead a limitation of their use.
The right to unsubscribe
Montres CIMIER SA uses the email address you supply to send you newsletters. If at any time you wish to unsubscribe and no longer receive emails, detailed instructions on how to unsubscribe are included at the bottom of each email.
If you wish to assert one of the rights set out in these latter paragraphs, please contact us at the following e-mail address: email@example.com.
Revised on 22nd January 2019.
General terms of sale
Welcome to the Montres Cimier website.
The website www.cimier.com is operated and the GTS were issued by Montres CIMIER SA, Chemin du Long-Champ 116, 2502 Biel-Bienne, Switzerland.
Please read these GTS carefully. These GTS are applicable to any order placed through the website or by Montres CIMIER SA’s Customer Service. Please note that before placing an order for products or services, you will be asked to agree to these GTS. If you do not agree to these GTS, then you will not be able to order any products or services through the website.
Montres CIMIER SA may at any time revise these GTS. You are bound by any such revision and should therefore periodically visit this page to review the current terms to which you are bound.
Montres CIMIER SA
Chemin du Long-Champ 116
VAT: CHE-110.190.084 MWST
Registered in the Bern (Switzerland) Register of Commerce and Companies under the number CHE-110.190.084.
If you have any questions or comments, please contact us :
Montres CIMIER SA
Chemin du Long-Champ 116
Telephone : +41 41 720 29 29
Email : firstname.lastname@example.org
2. APPLICATION OF THESE GENERAL TERMS OF SALE
2.1 The version of these GTS which shall apply to Customers is the version displayed on the website at the time their order is placed.
Previous versions of these GTS are archived by Montres CIMIER SA.
These GTS may be updated or deleted at any time.
2.2 Only individuals (and not legal entities) who (a) have reached the age of legal majority required to enter into contracts (eighteen in most countries); (b) have legal capacity to enter into contracts; If you are under the age of legal majority or otherwise cannot lawfully enter into a contract, you must have your parent or guardian place an order on your behalf and they will be asked to agree to these GTS.
2.3 By placing an order via the website www.cimier.com, you represent and warrant that you are an end-user customer purchasing for your own or another’s personal use and will not deliver, sell or otherwise distribute our products or purchase our products or services for commercial purposes.
3. PRODUCT AVAILABILITY & QUANTITY
3.1 The products offered for sale by Montres CIMIER SA, are those that appear on the website www.cimier.com at the time of the Customer consulting the website.
Products are offered for sale subject to available stock. A product may be missing (inventory error or other). Under these conditions, CIMIER undertakes to inform the Customer via any means at its convenience as soon as possible after the order is placed.
In this case, CIMIER may, in agreement with the Customer, organise a new delivery date in accordance with its restocking. Where no agreement can be reached or it is impossible to make the ordered product available, CIMIER will proceed to reimburse the amount paid by the Customer with the latter not being entitled to any compensation.
3.2 Quantity limits may apply in relation to orders for certain products. We reserve the right to refuse at any moment in time, without prior notice, orders exceeding a certain number of authorized products.
4.1 Placing an order
The order process comprises the following steps:
- Step 1 Place items in the basket.
- Step 2 The information communicated by the Customer within the framework of opening his/her Customer account or when placing his/her order must be complete, accurate and up to date. Failing this, Montres CIMIER SA will not be able to process orders correctly. If the Customer does not wish to communicate such information, Montres CIMIER SA will not be able to respond favorably to his/her order.
- Step 3 Consult the general terms of sale.
- Step 4 Accept the GTS by ticking the box “I have read and agree to the website terms and conditions”.
- Step 5 Confirm the order with payment obligation.
The Customer will receive confirmation of his/her order via email.
All orders placed by the Customer via this process imply full and irrevocable acceptance of the present terms and conditions.
4.2 Order confirmation
In accordance with the applicable regulations, the contractual information will be subject to confirmation in due course and at the latest at the time of delivery, via email at the email address indicated by the Customer on the purchase order.
This confirmation message will include the following information:
- details of the products;
- the order reference number;
- the invoice (total value of the order with product price + shipping fees);
It is the Customer's responsibility to keep the contractual information in the medium of his/her choosing.
Montres CIMIER SA reserves the right to refuse orders if payment authorisation is not successful, if the address provided is wrong or if any other problem should arise with the Client's account. In this case, Montres CIMIER SA will inform the Customer of this via email.
Orders will only be considered definitive when:
- Payment of the full amount by the Customer;
- Montres CIMIER SA confirms the availability of the products in question, this verification being performed as soon as possible following the email confirming reception of the order placed by the Customer.
5. RETURNS AND EXCHANGES
5.1 Products that have been purchased through the website www.cimier.com may only be returned to us at Montres CIMIER SA, Chemin du Long-Champs 116, 2502 Biel-Bienne, Switzerland. To return a product to us, you must follow the steps mentioned below:
You can make a return request within 14 days from the date of purchase (date of arrival of the product at the Customer). Please reach our Customer Service to validate your return by email (info(@)cimier.com) or by phone on +41 (0)41 720 29 29 between 08:00 -12:00 ,13:00-17:00 from Monday to Friday, excluding public holydays. You may be asked at this stage to provide information about the product for us to make a first assessment of the condition of this product.
You must include in the delivery package, the completed return form along with the product, all its accessories, any free items you received as part of your order, all documents, in their original box.
5.2 You must keep a proof of return shipment, and we accept no liability in the event that such proof cannot be produced. Only merchandise received by Montres CIMIER SA as described above and below will be eligible for a refund.
CONDITION OF RETURNED PRODUCTS
5.3 We will verify that the returned product satisfies the conditions of the returns and exchanges policy and, if so, then proceed with the applicable refund or exchange.
5.4 Our products must be returned in a new and unused state, in perfect condition, with all protective materials in place and tags and stickers attached to them (if applicable), as well as with the original box and delivery package, including all accessories and documents. We reserve our right not to accept any return if the product shows signs of wear, or has been used or altered from its original condition in any way or, as an alternative, may reduce the amount of any applicable refund or exchange accordingly.
5.5 If you have received free items as part of your order, they must be returned with the products.
5.6 Returns are subject to a quality control once received. Refund or exchange will take place only if the quality control is successful. If the products do not meet quality control standards, we will refuse the return, and the products will be returned to you.
5.7 Failure to comply with these General Terms of Sale will entitle us to refuse the returned product and send it back to you, at your own cost.
6. DELIVERY AND EXECUTION
6.1 Unless we have agreed otherwise on the time of delivery, we shall deliver the products by transferring the physical possession or control of the products and/or commence provision of services to you without undue delay, and in any event within thirty (30) working days from the date of our written confirmation of order & shipment.
6.2 If delivery of products is delayed by an event outside our control, we will inform you as soon as possible and will use reasonable efforts to minimize the effect of the delay. If we do not deliver within thirty (30) working days from the date of the written confirmation of order & shipment or any other time limit as indicated by us, you may contact Montres CIMIER SA’s Customer Service to cancel the relevant order and get a refund of any sums you prepaid us for any products which you have not received.
6.3 Upon termination of the contract in accordance with clause 6.2, we shall reimburse you all sums paid under the contract. In any event, your sole remedy for any failure by us to deliver the order to you shall be your right to cancel the relevant order and receive a refund of sums you prepaid us for any products which you have not received.
6.4 When estimating your delivery time, please allow time for credit approval, address verification, security checks and order processing. Please note that delivery is always subject to receiving your full payment.
6.5 Orders are shipped during working hours from Monday to Friday from 08:00 to 12:00 and from 13:00 to 17:00, excluding public holidays. You will receive a shipment confirmation email with carrier tracking information on the day that your order ships. When an order is placed, it will be shipped to the shipping address designated by you as long as that shipping address is complete and compliant with the shipping restrictions contained on the website www.cimier.com.
All shipments are made by an independent third party carrier. We will inform you by email upon shipment of a product.
6.6 The title, risk of loss of or damage to the products shall pass to you when you or a third party indicated by you and other than the carrier has acquired the physical possession of the products.
6.7 Title to all products shall only pass to you when we have received final payment in full.
6.8 Delivery documents will be placed inside the package containing the products ordered.
7.1 The payment is carried out online by bank / credit card.
An order will only be considered definitive once the buyer has confirmed it by paying the corresponding price.
For bank card payments made via the website, Montres CIMIER SA uses the secure payment service provided by our banking partners. All information transmitted from the www.cimier.com to the payment system is systematically encrypted in order to ensure confidentiality. All payments made by bank card via the website are processed immediately. The following credit cards are accepted: Mastercard, Visa, American Express.
7.2 Sales, use or other taxes will vary based on the location to which products are being shipped. For sales and deliveries outside Switzerland, the contract only states the price of the product in question. The purchaser is responsible for paying VAT, customs duties and any possible other taxes in effect in the country of delivery. To avoid any error, Montres CIMIER SA recommends that the purchaser checks all relevant information from the appropriate authorities. CIMIER takes no responsibility for non-compliance on the part of the purchaser with his or her legal obligations with regard to statutory requirements.
7.3 We reserve the right to modify prices and delivery costs at any time without prior notice.
7.4 We take reasonable care that the prices of products and delivery costs are correct at the time when the relevant information was entered into the system. However, it is always possible that, despite our reasonable efforts, some of the products offered through our website www.cimier.com or delivery costs may be incorrectly priced. If any of the products you place an order for or any delivery costs are incorrectly priced, we will contact you as soon as possible to inform you of this error. If we are unable to contact you using the contact details you have provided during the order process, we will cancel the order and notify you in writing. If we mistakenly accept and process your order where a pricing or delivery cost error occurs, we may cancel supply of the product and refund you any sums you have paid.
7.5 The delivered product remains the property of Montres CIMIER SA until full and actual payment is received from the Customer. If clients fail to pay for their orders, Montres CIMIER SA will be entitled to demand the return of the products in question.
The transfer of risks of loss or deterioration to the Customer occurs on the delivery date of the product, meaning the reception of the product by the Customer.
8.1 The warranty covers a maximum period of 3 years from the date of purchase except in the case of a further extension granted by Montres CIMIER SA.
8.2 The warranty covers all defects that can be proven to result from material or manufacturing errors.
8.3 The faulty CIMIER watch must be returned directly to Montres CIMIER SA, Chemin du Long-Champ 116, CH-2502 Bienne, Switzerland within ten days of discovery of the defect.
8.4 In case of warranty claim, it lies in the sole discretion of Montres CIMIER SA to remedy the defect or to replace your CIMIER watch free of charge. The warranty period for the replacement watch ends 3 years after the purchase date of the replaced watch.
8.5 The warranty it forfeited as soon as anyone who has not been authorised by Montres CIMIER SA interferes with or opens the CIMIER watch.
8.6 The following are expressly excluded from the warranty : a)strap and watch glass as well as b) all damage to the watch caused by its incorrect use, negligence, treatment with chemicals, mechanical or other stresses as well as normal wear and tear. All damage to any kind of object other than the watch it self, resulting from correct or incorrect use of the watch, is also expressly excluded from the warranty.
9.1 Under no circumstances can Montres CIMIER SA be held responsible for failure to fulfil its obligations as a result of unforeseen events and/or incidents of force majeure as generally defined by the law and the Swiss courts, or for other reasons beyond the company's control. Pandemics and epidemics are considered force majeure events.
In any case Montres CIMIER SA's liability is limited to the price of the product sold unless otherwise specified in a mandatory legal provision.
9.2 Furthermore, and within the boundaries of the applicable regulations, Montres CIMIER SA cannot be held liable for any direct or indirect immaterial damage incurred as a result of accessing our website.
9.3 It is also recalled that hypertext links placed on www.cimier.com may redirect the user to other websites the content of which remains under the sole responsibility of the owners of these websites.
10. INTELLECTUAL PROPERTY
10.1 All elements belonging to Montres CIMIER SA, such as the website, brands, games, drawings, models, images, sound and video clips, texts, photos, logos and graphic charter, this list not being exhaustive, are the exclusive property of Montres CIMIER SA.
10.2 These GTS do not confer upon the Customer any rights whatsoever over the intellectual property belonging to Montres CIMIER SA.
10.3 Montres CIMIER SA gives clients the non-exclusive, personal and non-transferable right to access this site for purposes consistent with the terms and conditions set out herein. Any other use will be considered as an infringement of copyright, punishable under the applicable intellectual property laws.
10.4 The Customer is forbidden to put in jeopardy, directly or indirectly, Montres CIMIER SA’s property rights and is forbidden from using the names or logos in any way. The customer shall undertake to respect all of Montres CIMIER SA's rights and refrain from creating any analogy in the minds of the public for any reason whatsoever.
10.5 Hyperlinks leading to the homepage or any other page of the website www.cimier.com are only permitted if consent has been sought and obtained from Montres CIMIER SA, and must be removed immediately upon request.
11. GENERAL PROVISIONS
11.1 These GTS (and associated terms incorporated by reference) constitute the entire agreement between you and us in relation to the order of products or services, and replace and extinguish all prior agreements, draft agreements, arrangements, undertakings, or collateral contracts of any nature made by the parties, whether oral or written, in relation to such subject matter.
11.2 We are not responsible for any failure or delay in performing or complying with our obligations under these GTS which arises from any cause beyond our reasonable control.
11.3 This contract is between us and you. No other person shall have any rights to enforce any of its terms.
12.1 In the event that any of the clauses contained in this contract should be rendered null and void by a change in legislation or regulations, or by a legal ruling, this shall in no way affect the validity or applicability of the remainder of these GTS.
13. GOVERNING LAW
13.1 These GTS and any separate agreements whereby Montres CIMIER SA provides you Services as well as any dispute resulting or linked to the relationship between Montres CIMIER SA and the Customer shall be governed by and construed in accordance with the laws of Switzerland, excluding provisions regarding conflicts of law. This applies to both substantive and formal rules.
13.2 Under no circumstances does Montres CIMIER SA give any guarantee of compliance with local legislation that would be applicable when the Customer accesses the website from another country.
Revised on February 2021