Hublot Terms & Conditions - USA
Welcome to www.hublot.com (the “Website”) owned and operated by Hublot S.A., a limited company inscribed in the Company Register of the Canton of Vaud, Switzerland, with registration number CH-550-0106820-1 and with its registered office at Chemin de la Vaurpillière 33, 1260 Nyon, Switzerland (“Hublot,” “we,” or “us”). We can also be contacted by email at email@example.com.
PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS WHICH GOVERN YOUR USE OF THE WEBSITE AND YOUR PURCHASE OF PRODUCTS FROM THE WEBSITE. BY ACCESSING OR USING THE WEBSITE OR ANY CONTENT OR SERVICES, OR BY CLICKING A BOX THAT STATES THAT YOU ACCEPT OR AGREE TO THESE TERMS AND CONDITIONS, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, HUBLOT IS NOT WILLING TO PROVIDE YOU WITH ACCESS TO OR USE OF THE WEBSITE OR ANY CONTENT OR SERVICES ACCESSIBLE THROUGH THE WEBSITE AND YOU MUST NOT ACCESS OR USE THE WEBSITE OR ANY SUCH CONTENT OR SERVICES.
We may change or modify all or any part of these Terms and Conditions at any time, without advance notice to you. Such changes are effective when they are posted to this Website and your continued use of the Website after any such changes are posted will be considered acceptance of such changes. Hublot also reserves the right, at any time, to modify the Website or any content or services, with or without notice to you, by making those modifications available on the Website.
The products we make available on this Website are for your personal, non-commercial use only. You may only order products if you are domiciled in the continental United States, Hawaii or Alaska (and specifically excluding any territory or commonwealth such as Guam, Puerto Rico, American Samoa, the U.S. Virgin Islands or the Commonwealth of the Northern Marianas Islands) (the “United States” for purposes of these Terms and Conditions) and you are over the age of 18. Unless otherwise indicated, all prices on the Website are in U.S. Dollars. Any orders placed via the Website are not considered accepted until we have shipped the order, even if we have sent an order confirmation. We cannot confirm the price of an item until an order has been processed. You agree to pay in full the price for any purchases you make either by credit or debit card or other authorized payment method concurrent with your online order or by other payment means acceptable to Hublot. You agree to pay all applicable sales and use taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. Certain products that you purchase on this Website may be subject to additional Terms and Conditions presented to you at the time of such purchase, including our returns policy described below in section 14. Certain products (including those made from exotic skins) are not available for purchase in all states of the United States (as defined above). Risk of loss and title to any products you purchase pass to you upon delivery of those products to the applicable carrier. We reserve the right to cancel or reduce the quantity of your order, without notice and at our discretion, and you will only be charged for quantities actually shipped. If we cancel any order after your credit card has been charged, we will promptly issue a credit to your account in the amount charged.
While we use all reasonable efforts to be accurate, we cannot guarantee the accuracy of the product descriptions, product images, pricing, promotions, availability, materials or other information or content on the Website. We reserve the right to correct any errors or inaccuracies on the Website, to change or update information or to cancel orders if any such information is inaccurate.
We use all reasonable efforts to accurately display the colors of the products you see on the Website. However, we cannot guarantee that the colors you see on your monitor will be accurate
Hublot and/or its licensors own all right, title and interest in and to the Website, all text, graphics, photographs, audio, video, logos, artwork, data, computer code and other materials contained or displayed on the Website (“content”), as well as the look and feel and the design of the Website and the organization of the content on the Website, including but not limited to any copyrights, trademarks (as defined below), patent rights and other intellectual property and proprietary rights therein. Your use of the Website does not grant you ownership of any content on the Website. All content is provided for informational purposes only and you are solely responsible for verifying the accuracy, completeness and applicability of all content and for your use of any content.
Subject to these Terms and Conditions, Hublot grants you a limited, revocable, non-sublicensable and non-transferable license to use the Website and the materials contained therein only for your personal, non-commercial use.
The trademarks, logos, service marks and trade names (individually, a “trademark” and collectively, the "trademarks") displayed on the Website or on content available through the Website are registered and unregistered trademarks of Hublot and others and may not be used unless authorized by the trademark owner. All trademarks not owned by us that appear on the Website or on or through the Website’s services, if any, are the property of their respective trademark owner. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use, copy, reproduce or publish any trademark displayed on the Website without our written permission or that of the third party trademark owner. Your misuse of the trademarks displayed on the Website is strictly prohibited.
Unless expressly permitted in these Terms and Conditions or with Hublot’s written consent, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transfer, sell or in any way exploit the contents of this Website. The Website and the databases, software, hardware and other technology used by Hublot to operate the Website, and the structure, organization and underlying data, information and software code thereof, constitute valuable trade secrets of Hublot. Hublot will aggressively enforce its intellectual property rights to the fullest extent of the law. You shall not:
(i) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of accessing, logging-in or registering on the Website or for any services or features offered on or through the Website, or obtaining lists of users or obtaining or accessing other information or features on, from or through the Website or the services offered on or through the Website, including, without limitation, any information residing on any server or database connected to the Website or any services offered on or through the Website;
(ii) obtain or attempt to obtain unauthorized access to computer systems, materials, information or any services made available on or through the Website through any means;
(iii) use the Website or the services made available on or through the Website in any manner with the intent to interrupt, damage, disable, overburden, impair the Website or such services, or interfere with any other party’s use and enjoyment of the Website including, without limitation, sending mass unsolicited messages or “flooding” servers with requests;
(iv) use the Website or the Website’s services or features in violation of Hublot’s or any third party’s intellectual property or other proprietary or legal rights;
(v) use the Website or the Website’s services in violation of any applicable law;
(vi) attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Website and the content, or make unauthorized use thereof;
(vii) obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Website or
(viii) misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other content which is malicious or technologically harmful or attack our Website via a denial-of-service attack or a distributed denial-of-service attack.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses 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 material posted on it, or on any Website linked to it.
We welcome your suggestions, feedback, ideas and other submissions (“submitted materials”) about the Website, its content, and our products. However, by submitting or sending submitted materials to us, you: (i) represent and warrant that the submitted materials are original to you, that no other party has any rights thereto, and that any "moral rights" in submitted materials have been waived, and (ii) you grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, make, sell and export such material (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed.
If you link from any other Website to this Website, such link shall open in a new browser window or tab and shall link to the full version of the Website. You are not permitted to use any linking method whereby the content is hosted by us but displayed on another web site (this practice is sometimes referred to as “in-line” linking). You may not to link from any other web site to this Website in any manner such that the Website, or any page of the Website, is “framed,” surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Website be discontinued, and to revoke your right to link to the Website from any other Website.
You may be able to link from the Website to third-party Websites and third-party Websites may link to the Website (“linked sites”). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through linked sites, even if they are owned or run by affiliates of Hublot. Links to linked sites do not constitute an endorsement or sponsorship by Hublot of such Websites or the information, content, products, services, advertising, code or other materials presented on or through such Websites. Hublot is not responsible for any content that originates from any linked site and that is embedded or otherwise transmitted through the Website.
The Website, including, without limitation, all services, content, functions and materials, is provided "as is," "as available”, without warranty of any kind, either express or implied, including, without limitation, any warranty for information, data, data processing services, uptime or uninterrupted access, any warranties concerning the availability, accuracy, usefulness, or content of information, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose, and we hereby disclaim any and all such warranties, express and implied. We do not warrant that the Website or the services, content, functions or materials contained therein will be timely, secure, uninterrupted or error free, or that defects will be corrected. We make no warranty that the Website will meet your requirements. No advice, results or information, whether oral or written, obtained by you from us or through the Website shall create any warranty not expressly made herein. Hublot also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Website or your downloading of any materials, data, text, images, video, or audio from the Website. If you are dissatisfied with the Website, your sole remedy is to discontinue using the Website.
Without limitation of the foregoing and to the fullest extent permitted by applicable law, Hublot disclaims all express or implied warranties or representations regarding any products ordered or provided via the Website, and hereby disclaims any and all warranties and representations made in product or services literature, frequently asked questions documents and otherwise on the Website or in correspondence with Hublot or its agents.
Please note that some jurisdictions may not allow the exclusion of implied warranties and conditions, so some of the above exclusions may not apply to you but shall apply to the maximum extent permitted by applicable laws. Price and availability information is subject to change without notice.
To the maximum extent permitted by applicable law, in no event, including but not limited to negligence, shall Hublot, any of its affiliated companies, or any of their directors, officers, employees, shareholders, agents or content or service providers (collectively, the “protected entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the content, materials and functions related thereto, the products or services available on the Website, your provision of information via the Website, lost business or lost sales, even if such protected entity has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you. This provision does not apply to residents of the State of New Jersey. In no event shall the protected entities be liable for or in connection with any content transmitted, exchanged or received by or on behalf of any user or other person on or through the Website. In no event shall the total aggregate liability of the protected entities to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from these Terms and Conditions or your use of the Website or any product ordered via the Website exceed, in the aggregate, $100.
If a dispute should arise between you and Hublot, we want to provide you with a resolution that is efficient and cost effective by using our customer service team. Almost all customer service disputes can be resolved to the customer’s satisfaction by using our customer service, reachable by calling [•] or by sending an email to [•].
If your dispute cannot be resolved using our customer service team, these Terms and Conditions describe how we shall proceed with the resolution of the dispute.
TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND HUBLOT AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. The preceding sentence does not apply to New Jersey residents.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
AS A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
WE BOTH AGREE TO ARBITRATE: You and Hublot agree to resolve any claims relating to these Terms and Conditions through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate Hublot’s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances Hublot may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Website, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
WHAT IS ARBITRATION: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
ARBITRATION PROCEDURES: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures. If there is a conflict between JAMS Rules and the rules set forth in this Agreement to Arbitrate, the rules set forth in this Agreement to Arbitrate will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. To initiate arbitration, you or Hublot must do the following things:
(1) Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.
(2) Send three copies of the Demand for Arbitration, plus the appropriate filing fee to your local JAMS office or to JAMS, NY Times Building, 620 8th Avenue, 34th Floor, New York, New York 10018.
(3) Send one copy of the Demand for Arbitration to the other party.
Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, except that for claims of less than $1,000, you will be obligated to pay $25 and Hublot will pay all other administrative costs and fees. In addition, for claims of less than $1,000, Hublot will reimburse you for the $25 fee if the arbitrator rules in your favor. Arbitration under this agreement shall be held in the United States county where you live or work, New York, or any other location we mutually agree to, subject to New York law. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any, of you and Hublot, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms and Conditions. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Hublot.
NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court.
In the event any litigation should arise between you and Hublot in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND HUBLOT WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
OPT-OUT OF AGREEMENT TO ARBITRATE: You can decline this agreement to arbitrate by emailing Hublot at firstname.lastname@example.org and providing the requested information as follows: (1) Your Name; (2) the URL of these Terms and Conditions and Agreement to Arbitrate Disputes; (3) Your Address; (4) Your Phone Number; (5) and a clear statement that you wish to opt out of this arbitration provision in the Terms and Conditions. The Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms and Conditions by using the Website.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New York excluding its conflict of law rules. For any action where the Arbitration Agreement permits the parties to litigate in court, you further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in San Francisco County, California.
RETURN POLICY GENERALLY
We want you to be completely happy with your order. Subject to certain exceptions set forth below, if for any reason you are not satisfied, we will gladly accept your return if returned following the procedures set forth below within 14 days of delivery of the original merchandise. Refunds will be made to your original payment method.
All products must be returned with the original receipt, in a new and unused state, in perfect condition, with all original shipping and product packaging, protective materials, and tags in place. Hublot will not accept any return if the product shows signs of wear, or if it has been used or altered from its original condition in any way, or if the 14-day return period has passed. Personalized, monogrammed, specially ordered and/or customized products are considered final sale, and as such cannot be returned or exchanged. Refunds will only be granted on merchandise that meets the conditions for return set forth above.
Online purchases cannot be returned in any of our Hublot boutiques. They can only be returned using the return procedures outlined below. Purchases made in any Hublot boutique should be returned to the boutique (based on our in-store return policy) and should not be returned via the procedures described below.
Hublot reserves the right to reject any return not meeting the conditions set forth above.
RETURN PROCEDURES – WATCHES ONLY
To return any watch purchased from Hublot via the website, you must contact Hublot by calling +1 800-273-9317 or by sending an email to email@example.com requesting a return. Hublot’s customer service team will contact you and make a preliminary assessment of the return to confirm if all return conditions appear to be met (i.e., unused product in its original condition).
If the preliminary assessment is positive, Hublot will contact the carrier to arrange collection. The carrier will then be in direct contact with you.
We can only accept returns of watches organized in this manner and arranged by Hublot with the carrier for insurance purposes. You may not make arrangements to return watches yourself.
You will be informed by email when the watch has been received by Hublot. Following receipt and once Hublot has confirmed that all of the returns conditions specified above have been met, Hublot will refund the full price to your original purchase method. Authorized refunds are expected to occur not later than thirty (30) days after receipt by Hublot of the returned watch.
If for some reason the watch does not meet all of the return conditions, the watch will be returned to you.
RETURN PROCEDURES – STRAPS ONLY
To return any strap purchased from Hublot via the website, you must contact Hublot by calling +1 800-273-9317 or sending an email to firstname.lastname@example.org
You will then be asked to complete the return form and return the product using the free (postage pre-paid) Return Label provided in the original packaging.
You will be informed by email when the returned product is received by Hublot. Following receipt and once Hublot has confirmed that all of the returns conditions specified above have been met, Hublot will refund the full price to your original purchase method. Authorized refunds are expected to occur not later than thirty (30) days after receipt by Hublot of the returned strap.
If for some reason the strap does not meet all of the return conditions, the strap will be returned to you.
SHIPPING AND COLLECTION
We do not charge our clients for shipping and handling. We normally send all merchandise using an insured overnight service. Please allow 3-4 days for delivery once you have received confirmation your order has shipped. Unfortunately, we cannot guarantee shipping timelines.
It is very important to note that an adult (18 years or older) signature will be required in order for parcels from Hublot to be delivered. We will email you the tracking number of your parcel once it has been dispatched. Please make sure that you or another adult you trust is available to sign for the package upon delivery.
International shipping: we are unable to process online orders outside of the United States (as defined above) at this time.
Our clients have the option of choosing “in-store pickup” when placing an Order and may select a store from the list provided.
You will be informed via phone or email as soon as the merchandise is available for pickup in the selected store. You then have 15 calendar days to collect the merchandise from the relevant store before it is cancelled and reincorporated into Hublot stock (with the price paid for the Order refunded to you).
When collecting the article in-store, you must show:
(i) the Order confirmation email,
(ii) the bank card used for payment (or the payment confirmation email sent by PayPal),
(iii) a valid, government-issued photo ID. The customer’s identity will then be checked, and a copy of the ID document may be made, to which the Purchaser expressly consents by choosing this shipping method. The store also reserves the right to verify the payment card used to make payment for the Order. The article purchased will then be handed to the Purchaser in exchange for signature of a collection note.
You may not send a representative to pick up the merchandise on your behalf. Only the client may collect an Order.
When collecting the package, you must sign the shipping/pickup note for the Order. This note constitutes proof of delivery by Hublot and proof of receipt by you regarding the products ordered. No challenge relating to the delivery itself can be made if the package is shown as having been delivered, as evidenced by the records held by Hublot.
Hublot respects your copyrights and other intellectual property rights and those of other third parties. If you believe in good faith that your copyrighted work has been reproduced on the Website without your authorization in a way that constitutes copyright infringement, you may notify our designated copyright agent by mail or email at:
Attention: Hublot Copyright Agent
33. Ch. De la Vuarpillière
Please provide the following information to the Hublot Copyright Agent and any other information that may be required by the Digital Millennium Copyright Act: (1) the identity of the allegedly infringing work and its location on the Website; (2) your name, address, daytime phone number, and email address, if available; (3) a statement that you have a good-faith belief that the use of the copyrighted work is not authorized by the owner, his or her agent, or the law; (4) a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner; and (5) your electronic or physical signature. Hublot will take whatever action, in its sole discretion, it deems appropriate, including the removing the allegedly infringing work from the Website.
Unless otherwise specified in this Agreement, any notices required or allowed under this Agreement will be provided to Hublot by postal mail to the address for Hublot listed on the Website. Hublot may provide you with any notices required or allowed under this Agreement by sending you an email to any email address you provide to Hublot, provided that in the case of any notice applicable both to you and other Users of the Website, Hublot may instead provide such notice by posting on the Website. Notices provided to Hublot will be deemed given when actually received by Hublot. Notice provided to you will be deemed given 24 hours after posting to the Website or sending via e-mail, unless (as to e-mail) the sending party is notified that the e-mail address is invalid.
Although the Website may be accessed from countries other than the United States this Website is only for use by residents of the United States (as defined above) and products are not available for sale or shipment outside of the United States (as defined above) from this Website.
If you are a consumer residing in New Jersey, the following provisions of this Agreement do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) in Section 12, the disclaimer of liability for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind (for example, to the extent unenforceable under the New Jersey Punitive Damages Act, New Jersey Products Liability Act, New Jersey Uniform Commercial Code and New Jersey Consumer Fraud Act); (b) in Sections 11 and 12, the limitation on liability for lost profits or loss or misuse of any data (for example, to the extent unenforceable under the New Jersey Identity Theft Protection Act and New Jersey Consumer Fraud Act); (c) in Section 12, application of the limitations of liability to the recovery of damages that arise under contract and tort, including negligence, strict liability or any other theory (for example, to the extent such damages are recoverable by a consumer under New Jersey law, including the New Jersey Products Liability Act); (d) in Section 10, the requirement that you indemnify Hublot (for example, to the extent the scope of such indemnity is prohibited under New Jersey law); and (e) in Section 13, the disputes provision (for example, to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law).
Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and the other provisions of the Terms and Conditions remain in full force and effect.
Hublot Terms & Conditions - USA
Hublot Specific Terms & Conditions applicable to the purchase of the special Big Bang e UEFA EURO 2020 watch & Hublot loves football 2021 NFT package USA
PLEASE NOTE THAT THESE TERMS APPLY IN ADDITION TO OUR STANDARD TERMS AND CONDITIONS (SEE BELOW)
This page tells you the specific additional legal terms and conditions (“Terms”) on which we sell on our website boutique.hublot.com (our “site” or “website”) to you the special Big Bang e UEFA Euro 2020 Watch (the “Watch”) and offer an associated Hublot Loves Football 2021 non-fungible token (“NFT”) on the Ethereum blockchain. The NFT is associated with an audio recording (“Artwork”) featuring an excerpt from one of the nine (9) episodes of the Hublot Loves Football podcasts to be broadcasted by Hublot in May, June and July 2021 selected to be part of the NFT Special Package project. The Watch along with the NFT and associated Artwork are referred to as the “NFT Special Package” below.
These Terms, together with the standard terms and conditions, constitute a contract between us for the sale of the NFT Special Package to you. Please read these Terms, as well as our standard terms and conditions, carefully and make sure that you understand them before ordering the NFT Special Package from our site.
Artwork will be assigned to each NFT Special Package randomly (i.e., when you purchase your NFT Special Package, you will not know which excerpt of which episode of the Hublot loves Football podcasts will be associated with your NFT upon, but will discover which excerpt is associated with your NFT only after you have acquired and accessed it).
Please note that (i) the same excerpt will be associated with multiple NFTs (i.e., the same Artwork will be included in several NFT Special Packages) and (ii) only nine (9) all episodes of the Hublot Loves Football 2021 podcasts have been selected to be part of the NFT Special Package project.
A. IMPORTANT LIMITATION ON RETURNS OF THE NFT SPECIAL PACKAGE (INCLUDING THE WATCH)
If you purchase the Watch as part of the NFT Special Package, then notwithstanding anything contrary included in these Terms or in our standard Return Policy THE SALE WILL BECOME “FINAL” – and you may not return the Watch (or the NFT Special Package) - once you have accessed your NFT in accordance with the provisions of Section B. 1 below due to the digital nature of the content of the NFT Special Package.
Accordingly, you expressly agree that if you click on the hyperlink mentioned in Section B. 1.2 (b) below to access your NFT during the return period referred to in our Return Policy, you waive your right of return the NFT Special Package (including the Watch) because the performance of the NFT Special Package would be deemed as having started at your request.
B.LICENSE TO THE NFT AND ASSOCIATED ARTWORK
1.1. We used smart contracts stored in the Ethereum blockchain to generate our initial series of NFTs. We will release a certain number of NFTs and allow certain customers purchasing eligible NFT Special Package on our site to redeem them.
1.2. Each NFT will be stored in a personal Ethereum electronic account. Following completion of the purchase of your NFT Special Package on Hublot website and as from the fifth (5th) day after shipment of the Watch to you, you will be able to redeem your NFT and access its associated Artwork as follows:
(a)Register the Watch on Hublotista Hublotista,
(b)Though Hublotista, you will have access to a hyperlink to request your NFT electronic account during a period expiring three months after the date of purchase. Please note that to access your NFT, you will need to have a Metamask (metamask.io) account or any other compatible Ethereum account
PLEASE NOTE THAT ONCE YOU HAVE CLICKED ON THE HYPERLINK TO REQUEST YOUR NFT ELECTRONIC ACCOUNT YOU WILL NOT BE ABLE TO RETURN THE WATCH ANYMORE
(c)Once you have clicked on the hyperlink, an e-mail containing a hyperlink through which you will be able to access to your private key and activate your Ethereum electronic account (and therefore access to your NFT and the associated Artwork) will be sent to you.
PLEASE MAKE SURE YOU COPY OR DOWNLOAD YOUR PRIVATE KEY AS IT WILL NOT BE POSSIBLE TO RE-SEND YOU OR PROVIDE YOU WITH YOUR PRIVATE KEY AGAIN.
1.3 The NFT and associated Artwork is provided to you in the context of the purchase of one of our NFT Special Packages. You will only be able to click on the link, access the Ethereum electronic account and obtain the NFT once you have followed the process described above.
1.4 The Watch and the NFT being considered as inseparable and offered to you as a sole and unique experience and product, you agree that in case you click on the hyperlink mentioned in Section B. 1.2 (b) above to have access to your NFT during the return period referred to in our Return Policy (see below in our standard Terms and Conditions), you will lose your right of return.
1.5. In the same fashion, in case you return your Watch prior to having accessed to your NFT in accordance with our standard Return policy (see below in our standard Terms and Conditions), you agree that the NFT will not be accessible anymore.
2.1. You are the exclusive owner of the NFT, which is a cryptographic token on the Ethereum blockchain associated with Hublot’s Artwork, but you do not own the underlying Artwork itself or any rights in the Artwork. This means that you have the right to dispose of your NFT, including to trade it, sell it, or give it away, in accordance with these Terms and in your sole and exclusive responsibility.
2.2. Hublot and/or its licensors own all right, title and interest in and to the Artwork and any text, graphics, photographs, audio, video, logos, data, computer code and other materials contained in the Artwork, including but not limited to any copyrights, trademarks, patent rights and other intellectual property and proprietary rights therein. We reserve all rights in and to the Artwork that are not expressly granted to you in these Terms. Hublot grants you a limited license to the Artwork as detailed under Section B. 3 of these Terms.
3.1. General use. Subject to your compliance with these Terms, Hublot grants you a worldwide, non-exclusive, non-transferable, royalty-free license to perform the Artwork; and (ii) to market, promote, advertise and sell the NFT associated with the Artwork.
3.2. Commercial use. NFT owners may sell, trade, transfer, or use their NFTs, but may not make “commercial use” of the Artwork associated with their NFTs including, for example, by creating and selling copies of Artwork, licensing the Artwork for commercial purposes (e.g., to sell merchandise, products or services), or otherwise commercially exploiting the Artwork.
3.3. The license is granted for five (5) years as from your receipt of the NFT (or on the date on which the Ethereum blockchain ceases to exist if such date occurs prior to such 5-year period) only to the extent that you continue to own the NFT. If at any time you sell, trade, donate, give away, transfer, or otherwise dispose of your NFT for any reason, the license granted herein will immediately expire with respect to that NFT without the requirement of notice, and you will have no further rights in or to the Artwork for that NFT.
3.4. You acknowledge and agree that, if you are in breach of these Terms, in addition to any remedies that may be available to Hublot at law or in equity, Hublot may immediately terminate the license that was granted to you without notice and, to the maximum extent permitted by applicable mandatory laws, you will be responsible to reimburse Hublot for any costs and expenses incurred by Hublot during the course of enforcing these Terms against you.
4.1. Unless expressly permitted in these Terms or with our written consent, you may not:
(i)modify the Artwork associated to your NFT in any way, including, without limitation, the shapes, designs, drawings, attributes, or color schemes;
(ii) use the Artwork associated to your NFT to advertise, market, or sell any third party product or service;
(iii) use the Artwork associated to your NFT in connection with images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others;
(iv)use the Artwork associated to your NFT in movies, videos, or any other forms of media, except to the limited extent that such use is expressly permitted in Section B. 3 above or solely for your own personal, non-commercial use;
(v)sell, distribute for commercial gain (including, without limitation, giving away in the hopes of eventual commercial gain), or otherwise commercialize merchandise that includes, contains, or consists of the Artwork associated to your NFT;
(vi)attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the Artwork associated to your NFT; or
(vii)otherwise utilize the Artwork associated to your NFT for your or any third party’s commercial benefit.
4.2. To the extent that Artwork associated to your NFT contains any third party intellectual property rights (e.g., licensed intellectual property from a celebrity, athlete, or other public figure), you understand and agree as follows:
(i)that you will not have the right to use such third party intellectual property rights in any way except as incorporated in the Artwork associated to your NFT, and subject to the license and restrictions contained herein;
(ii)that, depending on the nature of the license granted from the owner of the third party intellectual property rights, Hublot may need to pass through additional restrictions on your ability to use the Artwork; and
(iii)to the extent that Hublot informs you of such additional restrictions in writing (email is permissible), you will be responsible for complying with all such restrictions from the date that you receive the notice, and that failure to do so will be deemed a breach of these Terms.
4.3. The restriction in this Section will survive the expiration or termination of these Terms.
5.1. To the maximum extent permitted by applicable mandatory laws, the NFT and associated Artwork are provided “as is” and “as available” excluding any warranties of any kind, including, without limitation, any warranty for information, data, uptime or uninterrupted access, any warranties concerning the availability, correctness, accuracy, reliability, usefulness, or content of information, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose, and we hereby disclaim any and all such warranties, express and implied. We do not warrant that the NFT and associated Artwork, content, functions or materials contained therein will be timely, secure, uninterrupted or error free, or that defects will be corrected. We make no warranty that the NFT will meet your requirements. No advice, results or information, whether oral or written, obtained by you from us or in relation to the NFT and/or associated Artwork shall create any warranty not expressly made herein.
5.2. To the maximum extent permitted by applicable mandatory law, we will not be liable to you 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 the use of, or inability to use, the electronic account, the NFT and associated Artwork, including but not limited to any losses, damages or claims arising from: (i) your error, such as forgotten passwords or incorrectly construed transactions; (ii) server failure or data loss; (iii) corrupted account files; or (iv) unauthorized access or activities by third parties, including but not limited to the use of viruses, phishing, bruteforcing or other means of attack against the app, network, or the electronic account.
5.3. Hublot is not responsible for losses due to blockchains or any other features of the Ethereum network or the electronic account, including but not limited to late report by developers or representatives (or no report at all) of any issues with the blockchain supporting the Ethereum network, including forks, technical node issues, or any other issues having fund losses as a result. You acknowledge and agree that such technologies are novel, experimental and speculative and that therefore there is significant uncertainty regarding the operation and effects and risks thereof and the application of existing laws thereto.
5.4. have no control over any third party, marketplaces, websites or application which you will need for the use, purchase, sale of your NFT or its associated Artwork (the “Third Parties Sites”). You acknowledge and agree that we are not liable for any loss or damage which may be incurred as a result of the availability or unavailability of the Third Parties Sites, or as a result of any reliance placed by you upon the completeness, accuracy or existence of any advertising, products or other materials on, or made available from, any Third Parties Sites. Please read the general terms applicable to such Third Parties Sites as you will be required to comply with such terms.