Fitzroy e-Boutique Terms and Conditions

Privacy Policy

1. PRIVACY
Fitzroy USA, Inc (hereafter "Fitzroy USA) recognizes the importance of protecting the privacy of all consumers (“you” or “user”) who visit the Fitzroy website covering United States e-boutique, which is accessible by going to the fitzroywatches.com/e-boutique . Fitzroy USA also believes it is important to inform you about how we will use your personal information, and to give you choices about how this data will be used. For these reasons, we encourage you to read this Privacy Policy carefully.

This policy applies only to information collected by Fitzroy USA, Inc via the Site and does not extend to any other website, including other Fitzroy specific pages. The Site is directed to viewers in the United States and personal information collected over the Site goes directly to servers housed in the United States. However, we may transfer your personal information to other countries for the purposes described below. The laws of the United States and other countries to which we may transfer your personal information may not provide a level of protection equivalent to the laws in your home country.

2. COLLECTION AND USE OF INFORMATION
a. Personal Information. While users can view our website by browsing anonymously, Fitzroy USA collects identifiable personal information ("Personal Information") about Site users when they voluntarily provide it to make purchases from the Site, voluntarily register with the Site, or contact Fitzroy USA via the Site. Site users may provide personal information for various reasons, including but not limited to, for the purposes of obtaining newsletters, product information, event information, and services, or to answer surveys, enter contests and receive notice of other promotional opportunities. The type of Personal Information that Fitzroy USA, Inc may collect includes, without limitation, name, address, phone number, date of birth, e-mail address and purchase information such as credit or debit card information. Fitzroy USA may also use the information that you provide to create a personal customer profile in order to let you know of products or events that may be of interest to you and to streamline future purchases. Fitzroy USA, Inc may combine the Personal Information it collects on the Site with other information it collects offline about users to better tailor marketing or website content or for other purposes, such as internal research. For information on how to opt-out of allowing Fitzroy USA to use your Personal Information for marketing purposes, see section 6 below. b. Non-Personal Information Fitzroy USA collects certain aggregate and non-personal information when you visit the Site. This information does not relate to a single identifiable visitor. It tells Fitzroy USA such things as how many users visited the Site and the pages accessed. Collecting this information helps us tailor our Site to our visitors. When you visit the Site to browse, read or download information, we automatically collect standard computer information that your browser sends to every website you visit, such as your IP address, browser type and language, access times and referring website addresses. We generally do not link standard computer information to anything that will allow us to identify users unless to enforce compliance with our rules or terms of service or to protect our service, Site, users or others.
Fitzroy USA also may collect aggregate and non-personal information through “cookies” or “web beacons” as explained below. Cookies: Cookies are pieces of information that any website may transfer to your browser that are then stored in your computer system. Cookies are returned to the website that deposited them when a visitor returns to that site. Cookies tell Fitzroy USA for example, whether a user is a first time visitor or has visited the Site before and what areas of the websites are of greatest interest to the user. The deposit of cookies by the Site may enhance your online experience by allowing Fitzroy USA, Inc to save your preferences for your next visit. Fitzroy USA cookies may also measure the general activity on the Site, which allows us to determine which areas and features are most popular. This information allows Fitzroy USA to make improvements to our Site. Most web browsers are set up to accept cookies. You can, however, reset your browser to refuse all cookies or to indicate when a cookie is being sent. If you choose to decline cookies, some of the functionality of the Site may be impaired. Web Beacons: Web beacons, also known as “clear gifs”, “one-pixel gifs”, ”web bugs”, “Internet tags” or “pixel tags”, are small graphic images on a website or in an e-mail that allow Fitzroy USA and third parties to monitor the activity on the Site or to make cookies more effective. Web beacons allow Fitzroy USA or third parties working on Fitzroy USA, Inc behalf, to gauge and enhance the effectiveness of our marketing by transmitting information about whether you follow links in our e-mails or websites, and by gathering information about the sites you visit before and after visiting our websites. We use log files to store the data that is collected through Web beacons.

3. SHARING OF PERSONAL INFORMATION
Subject to the following paragraphs, Fitzroy USA will neither disclose nor sell any information about you to a party unaffiliated to Fitzroy USA unless (i) required to do so by law or legal process; (ii) to law enforcement authorities or other government officials; (iii) when Fitzroy USA believes disclosure is necessary or appropriate to prevent physical harm, financial loss or injury to, or interference with, our rights or property or the rights or property of our users or others, or in connection with an investigation of suspected or actual illegal activity; (iv) if Fitzroy USA reasonably believes that you have used information from the Site in order to commit unlawful acts or acts that may endanger the health and/or safety of the public; and (v) when we believe the law in good faith requires such disclosure. Fitzroy USA may appoint third party service providers to administer and/or operate certain functions or services on our behalf, the proper performance of which may require a transfer of the information submitted by you. The functions or services include, for example, administering this Site, delivery of products requested or ordered by you, and delivery of marketing or other communications to you about our products, services or special events. Any such transfer shall be subject to confidentiality and security obligations and for the sole purpose of the performance of those functions or services. Fitzroy USA may also share your Personal Information with other third parties for joint marketing and promotions of products, services or events that may be of interest to you. For information on how to opt-out of allowing Fitzroy USA to use your Personal Information for marketing, see section 6 below. You should be aware, however, that even if you opt-out of allowing Fitzroy USA to use your information for marketing campaigns, we may still share certain information with third parties to comply with the law. For example, if you have opted out of marketing emails from Fitzroy USA we may have to provide your email address to a third party we jointly market with to comply with your opt-out request. Any transfers of Personal Information shall be for the sole purpose of the performance of those obligations.

4. UNSOLICITED MATERIALS
Through the Site, Fitzroy USA requests that you provide to us certain types of information so that we may better serve you. The requested information may include questions and comments about our products. Please do not provide Fitzroy USA with materials, including but not limited to business, advertising, creative, marketing or any other types of proposals, concepts, know-how, ideas and the like ("Unsolicited Materials"). All Unsolicited Materials, including any unsolicited Personal Information (for example, Personal Information provided not in response to a specific request for such information, but in a free form text box), that we receive will not be subject to this Privacy Policy. By submitting any Unsolicited Materials, you agree that Fitzroy USA shall have the sole discretion as to how to utilize such Unsolicited Materials and you automatically provide to Fitzroy USA a perpetual, royalty free license to such end. If any Unsolicited Materials that you provide to Fitzroy USA, Inc are protected by third party copyright, trademark or other proprietary rights, you agree to indemnify, defend, and hold harmless Fitzroy USA its parent, subsidiaries or affiliated entities, and its and their respective officers, directors, employees, agents, licensors, representatives, and third party providers (collectively, “the Fitzroy USA Indemnitees”), against any claims or actions brought against any of the Fitzroy USA Indemnitees arising out of or relating to Fitzroy USA use or possession of the Unsolicited Materials.

5. SECURITY
Protecting your information is of primary concern to Fitzroy USA. Fitzroy USA stores the information that it collects on a secure server and otherwise takes reasonable precautions to protect your Personal Information.

6. CHANGING YOUR PERSONAL INFORMATION AND OUTPUTING OUT OF MARKETING COMMUNICATIONS
If you want to change or delete your Personal Information, you may contact us at shop@fitzroywatches.com to request that such action be taken. You may choose to unsubscribe completely from marketing emails by sending an email to contact@fitzroywatches.com or by utilizing the unsubscribe link on Fitzroy USA marketing emails. Please note that any requests may take up to six to eight weeks to become effective.
Even if you opt-out of marketing communications, Fitzroy USA may still contact you to send you important information regarding the operation or administration of your personal profile or other non-marketing information. For additional information regarding Fitzroy USA policies regarding the Site please see Legal Statement.

7. CORPORATE CHANGE OF CONTROL
Personal Information collected over the Site may be transferred as part of any merger, acquisition or sale of company assets, as well as in the unlikely event of an insolvency, bankruptcy, or receivership in which Personal Information would be transferred to another entity.

8. CHILDREN'S PRIVACY
The Site is not directed to children nor does Fitzroy USA intentionally collect or maintain any Personal Information from children under the age of 13 years old. If you believe that we might have any personally identifiable information from or about anyone under the age of 13, please reach us at the contact information provided below under section 11.

9. CHANGES TO THIS PRIVACY POLICY
Fitzroy USA reserves the right, in its sole discretion, to modify, alter or otherwise update this policy at any time and you agree to be bound by such modifications, alterations or updates. We will notify you of material changes to this privacy policy by posting the revised policy with the date it was revised on this page and if you have registered with us, we may notify you by email to your email address of record. Your continued use of our Site constitutes your agreement to this privacy policy and any updates. We encourage you to periodically review this privacy policy to stay informed about how we are protecting the Personal Information we collect.

10. YOUR CALIFORNIA PRIVACY RIGHTS
California residential customers of Fitzroy USA have a right to obtain a list of Personal Information that Fitzroy USA have disclosed to affiliates for their marketing purposes or to unaffiliated third parties for their own marketing purposes. A California customer may contact Fitzroy USA and request the general list of information shared and the companies among which it is shared. This request may be sent electronically to shop@fitroywatches.com. Fitzroy USA will respond to these requests for the list within 30 days. Requests for this information that come to Fitzroy USA through other channels may result in a delayed response.

11.CONTACTING US
If you have any questions or comments about this Privacy Policy, or if you would like us to update any information we have about you, please contact us by sending an email to shop@fitzroywatches.com.

Terms & Conditions

Please carefully read the following terms and conditions ("Terms") governing your use of the Fitzroywatches.com/e-boutique website (the "Site"). Use of the Site constitutes your agreement to be bound by and to act in accordance with these Terms. Fitzroy USA reserves the right to change the Terms at anytime. Any such changes will be posted on the Site and you agree to be bound by such changes.

1. PRIVACY
Please read our Privacy Policy, which governs the manner in which Fitzroy USA will handle any information that you provide to us.

2. OWNERSHIP RIGHTS/USE OF SITE MATERIALS
Fitzroy USA and/or its worldwide affiliates own all rights, title and interest in and to the Site. Fitzroy USA and/or its affiliates own all copyrights for all material on the Site or has a valid right from a third party to use the material on the Site. Fitzroy USA and/or its affiliates also own all trademarks, service marks, trade names, logos and domain names used on or in connection with the Site. Any modification or use of the materials from the Site for any purpose not explicitly permitted is a violation of Fitzroy USA ‘and/or its affiliates’ copyright and other proprietary rights. No part of the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any manner whatsoever, except for viewing purposes and as otherwise made available on the Site, without the prior written consent of Fitzroy USA. You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download, store or otherwise reproduce, store or distribute content or other materials available on the Site. You may not take any action to interfere with the Site or any other user's use of the Site, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing” the Site. Further, you may not use any such automated means to manipulate the Site or attempt to exceed the limited authorization and access granted to you under these Terms.

3. PRODUCT AND RETURN POLICY
All sales in connection with the Fitzroy USA, Inc Site are also governed by our Product and Return Policy.

4. DISCLAIMER/LIMITATION ON LIABILITY
Use of and browsing in the Site is at your own risk. Neither Fitzroy USA nor its affiliates nor any party representing Fitzroy USA in creating, presenting or otherwise affiliated with the Site is liable for any indirect, special, punitive, incidental, exemplary or consequential damages arising out of your use of the Site. To the extent permitted by law and without limiting any of the foregoing, everything on the Site is provided to you on an "as is" basis, without warranty, either express or implied, of any kind, including, but not limited to, the implied warranties of merchantability, fitness for a specific purpose, freedom from computer virus, or non- infringement.

Solicited information that you submit to Fitzroy USA by email in order to register and/or to submit appropriate questions to the Site is subject to our Privacy Policy. All unsolicited reviews, comments or other submissions, including ideas, concepts, techniques, know-how and the like, shall not be treated as confidential by Fitzroy USA and you hereby grant to Fitzroy USA a royalty free, irrevocable and perpetual license to use such materials in any manner that it deems appropriate. For more information on this topic, please see our Privacy Policy.

5. LINKS
Fitzroy USA is not responsible for third party websites that link to or from the Site. Fitzroy USA, disclaims all responsibility for the accuracy of any of the information provided on such linked sites and any goods or services provided or purchased from such site. Fitzroy USA and its affiliates shall not be held liable or responsible for the content of any sites that link to or from the Site.

6. ACCURACY OF INFORMATION
Fitzroy USA takes all possible steps to ensure the accuracy of the information included in the Site. However, Fitzroy USA takes no responsibility for errors or omissions in the content on the Site. Information provided on the Site is subject to change at any time without prior notice.

7. NO WAIVER
The failure on the part of Fitzroy USA to enforce any part of these Terms shall not constitute a waiver of any of Fitzroy USA rights hereunder for past or future actions.

8. SEVERABILITY
If any part of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms.

9. JURISDICTION
Any dispute over the content or use of the Site shall be governed by the substantive laws of the United States and the State of New York, and the jurisdiction and venue of any such action shall be vested solely in the federal and state courts of New York.

10. MISCELLANEOUS
You acknowledge and agree that these Terms, together with our Privacy Policy, and Product and Return Policy, and any other written policies on the Site together constitute the entire agreement between you and Fitzroy USA with respect to the use of the Site. Fitzroy USA may change these Terms at any time by posting changes on the Site. Any changes are effective immediately upon posting. The continued use of the Site constitutes your agreement to any revised Terms.

Returns

The following terms and conditions and any other related rules made available in writing by Fitzroy USA (the “Product and Return Policy”) are applicable to all Fitzroy USA products that you (the “Customer”) may order from the Fitzroywatches.com/e-boutique (the “e-boutique”).

1. GENERAL TERMS
By placing an order through the e-boutique you guarantee that you are a legitimate customer in accordance with the terms & conditions set forth below, and that you accept to be bound by this Product and Return Policy as well as the Terms and Conditions of Use on the e-boutique website (“Terms of Use”). This Product and Return Policy shall apply only to sales made through the e-boutique, and it shall be applicable to any E-boutique order on the date you place your order.

Fitzroy USA may modify the Product and Return Policy from time to time, at its sole discretion, and your continued use and/or registration following such change will signify your agreement to be bound in the future by the modified Product and Return Policy. Please read the Product and Return Policy and check our website regularly to be informed of any changes. If you do not agree to any change to the Product and Return Policy, please contact our e-boutique Customer Service immediately to cancel your registration, and refrain from placing any orders through the e-boutique.

2. REGISTRATION
In order to place an order through the e-boutique, you will be required to register and create an online account. During this process, you will be required to provide valid and up-to-date personal information, such as your legal name, date of birth, phone number and email address. Upon completion of your registration on the e-boutique you will receive an email confirming your registration and summarizing your personal information. You are responsible for ensuring that your password and account login are kept secret, safe and secure at all times. Fitzroy USA will not be held responsible or liable for any misuse of your account in the event a third party has access to and uses your password and account login in any way. We may change the information required to place an order or the registration requirements from time to time. Please refer to our Privacy Policy for more details. Registration and orders are limited to physical persons who are citizens or residents of the United States of America, the 50 states located therein and the District of Columbia. To register or place an order through the e-boutique, you must have reached the age of majority (18 years old in most states) and have legal capacity to enter into a contract. If you are under the age of majority or cannot lawfully enter into a contract, you must have your parent or guardian review the Product and Return Policy, the Terms of Use, and the Fitzroy USA Privacy Policy, and register or place an order on your behalf. Any orders placed in contravention to this Product and Return Policy, or the Terms of Use shall be null and void. Fitzroy products sold through the e-boutique are intended exclusively for sale to end-user Consumers only, and may not be bought for resale, commercial purposes, or any other commercial benefit. Consequently, Fitzroy USA reserves the right to refuse orders placed by Customers who breach this condition, or if Fitzroy USA reasonably suspects, in its sole discretion, a Customer has breached, intends to breach, or evidences that it will breach this condition. Moreover, in the event that Fitzroy USA reasonably suspects that a third party has breached a Customer’s registration, password, and/or account login, Fitzroy USA shall immediately cancel and terminate the account.

3. PRODUCT AVAILABILITY AND ORDERS
All orders placed through the e-boutique are subject to availability and acceptance by Fitzroy USA. Fitzroy USA reserves the right to refuse at any moment in time, without prior notice, orders exceeding a certain number of authorized products. Fitzroy USA reserves the right to change the assortment of items offered and to limit the quantity of items that may be purchased from time to time and at any time, without prior notice. Orders placed through the e-boutique will be processed as follows: Once the Customer has chosen a product and has clicked on the “Add to Cart” button, the product will be placed in the cart (subject to availability and quantity limits). The Customer may then proceed to “Checkout” by clicking on the appropriate button. Items in the cart may be removed by clicking on the “Delete” button. Once the Customer has reviewed the order, Customer may click only once on the “Confirm and place order” button. Acknowledgment of Order Once you have made your choice and your order has been placed through the e-boutique, you will receive an email acknowledging the details of your order.

This acknowledgment of order is not an acceptance of your order. Confirmation of Order Upon dispatch of your order, Fitzroy USA will send you a confirmation of order via email. Acceptance of your order by Fitzroy USA concludes the offer and acceptance process; the result being the formation of an executed sales contract at the time Fitzroy USA sends the confirmation order for the purchase of Fitzroy products.

Review and Confirmation You should carefully check all details before placing your order through the e-boutique, including without limitation, the order reference number and the particulars of the sale, which will be provided on the e-boutique. Once you have confirmed and placed your order, Fitzroy USA will issue an order reference number, and acknowledge that it has received your order, which will be processed following the usual credit and anti-fraud checks. Please make sure you save this order reference number for any future inquiries. On placing an order through the e-boutique, you are making an offer to Fitzroy USA to purchase the products, in accordance with these conditions of sale.

Proof of Agreement The acknowledgment of order and confirmation of order that are sent to you via email are deemed to be received when you are able to access them on your computer, mobile or handheld device. The confirmation of order and any automatic recording systems used by the e-boutique will be proof of a binding agreement between you and Fitzroy USA. Fitzroy USA will preserve information concerning all orders for a minimum of three (3) years. These records may be made available to you by registering on the e-boutique. You are advised to keep a copy of all information associated with your order. Notwithstanding anything to the contrary provided for herein, Fitzroy USA reserves the right to refuse, cancel and terminate any orders at any moment in time.

4. PRICES, PAYMENT, TAX AND SHIPPING COSTS
All prices shown on the e-boutique are in U.S. Dollars. All prices and offers remain valid as advertised from time to time. Fitzroy USA, Inc reserves the right to modify prices and delivery costs at any time without prior notice. The price of a product and delivery costs displayed on the e-boutique at the time your order is accepted by Fitzroy USA, Inc will be honored by Fitzroy USA, Inc. Actual shipping costs and applicable taxes will be reflected on your Order Confirmation and invoice. Delivery costs and estimated sales and use taxes are not stated on the product pages, but will be added to the product price after you have chosen your delivery options. The actual sales tax will be calculated when we dispatch the order.

PAYMENT
Fitzroy USA, Inc is pleased to accept the following credit cards: Visa, MasterCard, Discover and American Express. The name of the cardholder on the credit card must be the same as the name of the individual placing the order. We do not accept cards issued by banks domiciled outside the United States of America. When placing an order on the e-boutique, you will need to enter your payment details on the appropriate form. You hereby represent and confirm that you are the legitimate holder of the credit card that you will use for payment and that your payment details are correct. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to Fitzroy USA you will need to contact your card issuer directly to solve the problem, and Fitzroy USA will not be liable for any delay or non-delivery. Upon authorization by the card issuer, the amount of your purchase will be blocked on your credit card until your order is dispatched to the shipping address you have provided to Fitzroy USA. The amount of your order will only be debited at the time of dispatch. To help ensure your shopping experience is safe and secure, all credit card transactions performed on the e-boutique are processed using a secure online payment gateway that encrypts your card details in a secure host environment. Furthermore, Fitzroy USA will take all reasonable care, in so far as it is in our power to do so, to keep details of your order and payment secure, but in the absence of negligence on our part, we shall not be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing the e-boutique. In order to secure your transactions and prevent fraud, by making an offer to purchase Fitzroy USA on the e-boutique, you expressly authorize Fitzroy USA to perform credit checks and, where Fitzroy USA deems necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit card number, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization and to authorize individual purchase transactions.

5. SHIPPING POLICY
Fitzroy USA currently only takes orders for delivery in the United States of America, the 50 states therein, and the District of Columbia. We do not ship to PO boxes, APO/FPO addresses and hotels. Delivery costs are charged to you by Fitzroy USA and are in addition to the price of the Fitzroy USA products themselves. The cost of delivery shall be as indicated on the shipping rates table available on the e-boutique.

When estimating delivery time, please allow for credit approval, address verification and order processing. Once the order is processed and ready for dispatch Fitzroy USA will email you a confirmation. Fitzroy USA will use reasonable efforts to ensure your order is shipped within 48 hours of order confirmation: Each delivery package will contain, in addition to your purchased Fitzroy product: box/packaging, warranty cards (when applicable), invoice; and return slip.

Fitzroy USA insures each purchase during the time it is in transit until it is delivered to you. We require a signature by an adult to confirm your acceptance of each Fitzroy product delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (e.g. a gift) then you understand and accept that evidence of a signature by such recipient (or at that delivery address) is evidence of delivery and fulfillment of the sale contract by Fitzroy USA and transfer of responsibility to the recipient in the same way as if the product had been delivered to you.

6. RETURN POLICY
Fitzroy USA items purchased through the Fitzroy USA e-boutique (fitzroywatches.com/e-boutique) may be returned or exchanged in accordance with this Product and Return Policy. Unworn, undamaged items may be returned within 10 days of delivery for exchange or for a full refund of purchase price (minus shipping and handling fees). Returned items that fail Fitzroy USA’s quality inspection will be returned to the sender, and no refund will be issued. Merchandise credits are not issued through Fitzroy USA’s e-boutique.

Disclaimer Without limiting any of the disclaimers in the Terms of Use, while every effort will be made to ensure that the photographs or graphical representations of the Fitzroy USA displayed on the e-boutique are representative of the color, design and style of the original products, slight variations may occur for technical and other reasons. Accordingly, Fitzroy USA shall not be liable for any error or inaccuracy in the photographs or graphical representations of Fitzroy USA products displayed on the website. Indemnification At our request, you agree to defend, indemnify, and hold harmless Fitzroy USA its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the Product and Return Policy by you or any other liabilities arising out of your use of this e-boutique, or the use by any other persons accessing this e-boutique using your internet account or account login. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder.

7. EXCHANGE
In order to serve you efficiently, Fitzroy USA does not issue traditional exchanges. If you wish to exchange an item, please return it as you would a regular return, and simply place a second order on our e-boutique. Your account will be promptly credited once we receive your return