Terms of Use


UPDATED: January 2020

Welcome to fortis-swiss.com

www.fortis-swiss.com (collectively, the “Site”) is the official website for FORTIS Watches AG, and its parents, subsidiaries and affiliates. We encourage you to read the following terms governing your use of and purchase of products from the Site. By using the Site or by providing Personal Information to us, you agree to be bound by these Terms of Use set forth below, the Cookie Policy and Terms of Sale, and any other documents referred to therein (collectively, the “Terms”).

1.1. These terms of use, together with the documents referred to in it, tell you the terms upon which you may make use of our Website www.fortis-swiss.com (Website) and how we deal with your personal information when you do use our Website, whether as a guest or a registered user. Use of our Website includes accessing, browsing or registering to use our Website.

1.2. Please read these terms of use carefully before you start to use our Website, as these will apply to your use of our Website. We recommend that you print a copy of these terms for future reference.

1.3. By using our Website, you confirm that you accept these terms of use and that you will comply with them.

1.4. If you do not agree to these terms of use, you must not use our Website.

2.1. These terms of use refer to our privacy policy which also applies to your use of our Website. Our privacy policy sets out information about how we use your personal data.

2.2. If you purchase products from our Website, our Terms and Conditions of Supply will apply to the sale of the products to you.

This Website is operated by FORTIS Watches AG, registered in the Solothurn (Switzerland) Register of Commerce and Companies under the number CHE-134.921.950, with headquarters at Grenchen in Switzerland.

We may revise these terms of use at any time by amending this page. Please check this page from time to time to ensure you are aware of any changes we have made, as they are binding on you.

3.1. We may update our Website from time to time and may change the content at any time. However, please note that content on our Website may be out of date and we are under no obligation to update it.

3.2. We do not guarantee that our Website, or any content on it, will be free from errors or omissions.

4.1. Our Website is made available free of charge.

4.2. We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. Access to our Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Website without notice. We will not be liable to you if for any reason our Website is unavailable at any time or for any period.

4.3. You are responsible for making all arrangements necessary for you to have access to our Website.

4.4. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

5.1. You may register for an account on our site. If, in registering for an account, we provide you with a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

5.2. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

5.3. If you know or suspect that anyone other than you knows your user identification code or password, please promptly let us know at info@fortis-swiss.com.

5.4. We may use information which you have provided to us in registering for an account to contact you about products or services which we feel may be of interest to you. Please see our Privacy Policy for further information, as available here https://www. fortis-swiss.com/privacy-policy/

6.1. We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

6.2. You may print off one copy, and may download extracts, of any page(s) from our Website for your personal use and you may draw the attention of others within your organization to content posted on our Website.

6.3. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

6.4. You must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.

6.5. If you print off, copy or download any part of our Website in breach of these terms of use, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

“FORTIS”, “FORTIS-SWISS” and the FORTIS logo are Swiss and within several other countries registered trademarks of FORTIS Watches AG.

7.1. The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.

7.2. Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date.

8.1. This Website and its content are provided “as is” excluding any warranties of any kind, either express or implied, to the fullest extent permitted by law.

8.2. Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that may not be excluded or limited by Swiss law.

8.3. We will not be liable to you and/or any user for any loss or damage, whether in contract, tort, negligence, breach of statutory duty, or otherwise and howsoever arising, even if foreseeable, arising under or in connection with:

8.4. the use of, or inability to use, our Website; and/or

8.5. use of or reliance on any content displayed on our Website.

8.6. If you are a business user, please note that in particular, we will not be liable for loss of profits, sales, business, or revenue, business interruption, loss of anticipated savings, loss of business opportunity, goodwill or reputation and/or any indirect or consequential loss or damage.

8.7. If you are a consumer user, please note that we only provide our Website for domestic and private use. You agree not to use our Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

8.8. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any content on it, or on any Website linked to it.

8.9. Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any services by us to you, which will be set out in our Terms and Conditions of supply.

9. Please note, that promotion codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided.

10.1. You may not upload content to our Website or make contact with other users of our site. If you upload content to our site or contact another user of our site in contravention of these terms:

10.1.1. we shall immediately remove any posting you make on our Website (if relevant);

10.1.2. you will be liable to us and indemnify us for any breach of these terms. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of these terms; and

10.1.3. we will not be responsible or liable to any third party for the content or accuracy of any content posted by you or any other user of our Website.

10.2. If you upload content to our site or contact another user of our site, we may disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Website constitutes a violation of their legal rights (including, without limitation, intellectual property rights, or their right to privacy).

11.1. You may not link to our Website.

11.2. Our Website must not be framed on any other Website.

11.3. If you wish to make any use of content on our Website you must obtain our prior written consent. Please contact info@fortis-swiss.com.

12.1. We do not guarantee that our Website will be secure or free from bugs or viruses.

12.2. You are responsible for configuring your information technology, computer programs and platform in order to access our Website. Please ensure that you use virus protection software.

12.3. You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.

12.4. You must not attempt to gain unauthorized access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. By breaching this provision, you may commit a criminal offence. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.

Where our Website contains links to other Websites and resources provided by third parties, these links are provided for your information only. Please note these Websites have their own privacy policies and Website terms of use, which you should read prior to accessing the third-party Website. We have no responsibility for the content of those Websites or pages and accept no liability for any losses whatsoever that may be incurred as a result of any linking to the same.

13.1. If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by Swiss law. You and we both agree to that the courts of Solothurn will have non-exclusive jurisdiction.

13.2. If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by Swiss law. We both agree to the exclusive jurisdiction of the courts of Switzerland