Customers purchasing products online or by telephone through TELLUS customer services are subject to the TELLUS general conditions of sale governing the terms of such purchases (the " General Conditions of Sale ") which it is their responsibility to read beforehand. The provisions headed “Limitation of Liability” in Section 7 below do not cover the sale of products online or by telephone. We invite you to refer to the General Conditions of Sale to find out about the exclusions and limitations of liability applicable to online or telephone purchases.
3. WEBSITE HOSTING
3.1 Our Website hosting services are provided by Shopify International Ltd in Ireland. Mobile applications may be hosted by us or by other companies.
4. USE OF WEBSITE CONTENT AND INTELLECTUAL PROPERTY RIGHTS
4.1 The Contents of the Website are intended to provide you with information about our House and its products for your personal use only. You may download one copy or print one copy of the materials made available to you on the Website for private or household, non-commercial purposes only, provided that the proprietary notices, including intellectual property notices, such as copyright ©, Trademarks™, are kept intact and are not deleted or altered.
4.3 Unless expressly stated otherwise, your use of the Website does not give you any rights to any content on the Website (whether images, photos, including any person depicted in the photos, illustrations, icons, texts and/or documents, video clips, music, etc) (the " Contents ") as well as the general appearance and/or design of the Website, and you must consider that they are protected by the legal provisions around the world and applicable international treaties protecting copyrights, designs and trademarks.
4.4 Any unauthorized use of the Website and/or the Content and in particular, and without limitation, the reproduction for public or commercial purposes, the modification, publication, distribution, transmission, creation of derivative or second-hand works, the representation or communication on any other website or platform, is prohibited. Any unauthorized use of the Website and/or the Content is likely to infringe the laws relating to copyright, intellectual property or the protection of the private sphere.
5. YOUR COMMENTS, SUGGESTIONS AND OTHER CONTRIBUTIONS
5.1 Any comments, suggestions, questions, responses, feedback or other contributions, and generally any unsolicited communication or material that you send to TELLUS via the Website, social media, email or otherwise, is and will be treated by TELLUS as non-confidential and non-proprietary.
5.2 . By sending such communications to TELLUS, you automatically grant TELLUS a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform and display such communications. , alone or as part of other works, in any form, media or technology now known or hereafter developed, and the right to assign such rights to any person.
5.3 Such communications you transmit may be used by TELLUS for any purpose without consideration, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. , or developing, manufacturing and marketing products based on such information and you confirm that you irrevocably waive all "moral rights" in the Contributions to the extent permitted by law.
5.4 By submitting such communications, you also warrant that you are the owner of the material and content in question, that it is not defamatory and that its use by TELLUS will not infringe the rights of any third party or any applicable law. . Nothing herein shall obligate or compel TELLUS to use the Submitted Communications. TELLUS will remain at all times the sole decision maker of whether or not to use said submitted communications without having to justify it.
5.5 In addition, TELLUS enjoys a worldwide reputation for both the design and manufacture of high quality luxury watches, and has its own creative sources for this purpose, including highly skilled designer teams who design and perfect TELLUS creations. Consequently, TELLUS cannot agree or accept to be the recipient of spontaneous proposals for collaboration and it is possible that TELLUS is already working on similar ideas or projects. For this reason, we inform you that TELLUS is not interested in receiving ideas or other proposals relating to creations that you would like to present.
6. DISCLAIMER OF RELIABILITY WARRANTY
6.1 Although TELLUS strives to update the Website regularly and to ensure that the information provided on the Website is accurate and complete, we cannot guarantee, either expressed or implied, that all Content is accurate, exhaustive , reliable, complete or up to date or that the use of the Contents would not infringe the rights of third parties.
6.2 Similarly, although TELLUS endeavors to display accurately on the Website the colour, design, style etc. of its products, slight variations, distortions and/or differences may appear compared to the original product, without TELLUS being held liable in this regard.
6.3 Despite our constant efforts to ensure the security and reliability of our Website, TELLUS makes no warranty of any kind that the Website will be secure or free from bugs or viruses.
7. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
7.1 TELLUS cannot guarantee either constant access to or uninterrupted operation of the Website and/or its Content (as this term is defined in article 4 below) or that the latter would be error-free, or that any defects will be corrected. We cannot therefore be held liable to you for any temporary or permanent unavailability of our Website.
7.2 The Website and its Content are provided "as is" and "as available", and therefore, within the limits of the applicable legal provisions, TELLUS does not give any express, implicit, legal or other guarantee, including, but without limitation, implied warranties of merchantability, satisfactory quality, and fitness for a particular purpose, reasonable care and knowledge, or non-infringement. TELLUS and its suppliers make no warranties with respect to the Content and/or the Website, software, text, download, graphics or link.
Similarly, TELLUS provides, within the limits of the applicable legal provisions, no warranty of any kind, express or implied, on the information, data, data processing services, availability time or uninterrupted access, as well as any warranties as to availability, accuracy, usefulness, content, and any warranties of ownership, non-infringement, merchantability, or fitness for a particular purpose.
7.3 Unless otherwise required by law, TELLUS cannot therefore be held liable for direct or indirect damage, of any nature, cause, origin or consequence whatsoever, resulting from the use of the Content and/or the Site or in connection with the use of such information, or held liable for any loss of use, business interruption, loss of profits or data, regardless of the form of the action, even though TELLUS has been advised of the possibility of occurrence of such damage.
7.4 TELLUS advises that in some jurisdictions consumer protection laws may not allow certain exclusions or limitations of warranties or liability referred to herein and therefore some of the above exclusions and limitations may not apply.
8.1 The trademarks, logos and trade names which appear on the Website, and in particular "TELLUS", "Parenthèses", "Brackets", "le temps entre Parenthèses", "time between Brackets" and the TELLUS logo (together the " Tellus Marks ”) are registered, unregistered or otherwise protected marks of TELLUS or are used by third parties under license to TELLUS.
8.2 Other marks are proprietary marks and have been registered by their respective owners. Nothing contained on the Platforms should be construed as granting, either implicitly or explicitly, any license or right to use any trademark without the prior written permission of TELLUS or the third party owner of the trademark.
9. LINKS AND LINKING
If you choose to click on any link to off-Website pages or to third-party sites, you do so at your own risk. TELLUS has not reviewed the entire content of these linked sites and is not responsible for their content(s), accuracy or function of these other platforms.
9.2 No image from our Website shall appear on any third party site without the express written consent of TELLUS.
9.3 Any link from a third-party site or platform to the Website requires the prior written authorization of TELLUS.
10. TERMINATION AND SUSPENSION
10.1 In the event of your breach of any of the obligations imposed on you hereunder, whether with respect to TELLUS, its affiliated companies or a third party, TELLUS reserves the right to terminate or suspend automatically and with immediate effect your access to the Website, without prejudice to its other rights and without possible recourse on your part in any capacity whatsoever.
11. GENERAL PROVISIONS
12. APPLICABLE LAW