TERMS AND CONDITIONS
1. INTRODUCTION
1.1 Please read these terms of use (“Terms of Use”) carefully before using this website (“Site”). Accessing, viewing, or using the content, material, products, or services available on or through the Site indicates that you accept and agree to comply with the Terms of Use, as well as Our Privacy and Cookie Notice and any other additional terms governing the content, material, products, or services available on or through the Site, including the Warranty. If that is not the case, do not use the Site. You further certify that you are 18 years of age or older and that you have all the necessary rights, power, and authority to enter into these Terms of Use and perform the obligations set forth herein.
1.2 The Site is operated by and the Terms of Use were issued by Junghans.
1.3 Junghans may at any time revise these Terms of Use. Your continued use of the Site following the changes to these Terms will be considered your consent to those changes. You are bound by any such revision and should therefore periodically visit this page to review the then-current terms to which you are bound.
2. PURPOSE AND CONTENT OF THE WEBSITE
2.1 The information and materials provided on this Site are intended to offer general information and promote Our products and services. These materials do not serve as formal offers for Our products and/or services, nor do they represent advice or specific instructions regarding the use of Our products and/or services.
2.2 To access certain products, content, services, or benefits on the Site, you may need to register and create an account. During registration, you might be required to agree to these Terms of Use and provide a username and password. You are fully responsible for managing your account, including safeguarding your password and ensuring that no unauthorized parties access your account. Additionally, you may need to provide personal details, such as your phone number, address, email, gender, and age. Any personal information you submit through the Site is governed by our Privacy and Cookie Notice.
2.3 The Site may feature information about our global products and services, though not all of them may be available in every region. Mentioning a specific product or service does not guarantee that it will be available in your area.
2.4 We strive to display the colors of our products on the Site as accurately as possible. However, since color displays depend on your computer and monitor settings, we cannot guarantee complete accuracy in the color representation.
2.5 Occasionally, we may offer promotions or special deals. These might include a free item automatically added to your shopping cart during checkout and shipped with your purchased products. If you decide to return your purchase in line with Our Return Policy, you must also return the free item associated with that purchase. The terms, duration, and selection of such promotions or offers are at Our sole discretion.
3. PURCHASES
3.1 Some products or services offered through this Site may be available for purchase. By making a purchase, you confirm that you have reached the legal age of majority (usually 18 years old in most places) and have the legal authority to enter into a contract. You also agree to these Terms of Use and any additional conditions provided at the time of purchase. If you are below the age of majority or cannot legally enter into a contract, your parent or guardian must review these Terms of Use and the Privacy and Cookie Notice, and must register or place an order on your behalf.
3.2 We utilize a third-party payment processor to handle credit card transactions on the Site. If you make purchases or payments through the Site using a credit card, your information will be encrypted, for example, through the Secure Socket Layer (“SSL”) protocol, to help protect it from theft or interception during transmission. The terms governing your transactions with this third-party processor are outlined in that party’s separate terms of use. We will notify you about which payment processor is used during your payment process.
3.3 You are responsible for paying any government-imposed taxes associated with using the Site or purchasing products or services offered through the Site, including sales, use, and excise taxes (excluding only taxes on Our net income). If We are required to collect such taxes, the applicable tax will be added to your billing account.
3.4 You may cancel your purchase, return the purchased items, and request a refund in accordance with Our Return Policy.
3.5 All prices shown on the Site are in the currency specified on the Site. We may limit delivery to certain locations. Shipping and handling fees, along with applicable sales/use taxes, will be added according to Our current policies. We reserve the right to change or discontinue products and services, including their specifications and prices, without prior notice and without incurring any obligation to you. Products on the Site are subject to availability while supplies last. Descriptions or references to products or services on the Site do not imply endorsement or warranty by Us. For warranty details, please refer to Our Warranty. Receiving an order confirmation from Us does not constitute acceptance of your order. We may need to verify information before accepting your order. We reserve the right to accept or decline any order or part of it, even after an order confirmation has been sent. We also reserve the right to limit the quantity of items ordered and to refuse service without prior notice. If a product or service is listed at an incorrect price, We have the right to cancel or refuse orders for that product, regardless of whether the order has been confirmed and your account charged. If your account has been charged and the order is cancelled, We will issue a credit or refund at your preference. Risk of loss and title for all products purchased and shipped by Us transfer to you when We deliver the products to the carrier for shipment. For products shipped directly by Our vendors, risk of loss and title transfer from the vendor to you upon the vendor’s delivery to the carrier.
3.6 From time to time, We may offer special promotions, such as gifts with purchase, free shipping, or other promotional activities linked to product purchases. These promotions may be time-limited and may be available only online. They may also include exclusions for certain products.
4. USER CONTENT
4.1 Please be aware that any information you post on the Site (such as in forums or guestbooks) may be accessible to other users. Therefore, it is important to carefully consider the information you share and disclose to others.
4.2 Junghans does not claim ownership of the text, files, images, photos, videos, sounds, feedback, works of authorship, or any other materials you may post ("User Content") on the Site. After you post your User Content, you retain all ownership rights to it and continue to have the right to use it as you see fit. By posting your User Content on or through the Site, you grant Us a non-exclusive, sublicensable, transferable, fully paid-up, royalty-free, worldwide license to use, modify, publicly perform, display, reproduce, create derivative works from, and distribute your User Content. This license is granted without any obligation of compensation to you, and includes use in product designs, on the Site, or within the Junghans sections of third-party platforms (e.g., Facebook, Twitter, etc.).
4.3 When you post User Content on the Site or submit it to Us in any way, you represent and warrant that: (i) you either own the rights to the User Content or have the necessary permissions to grant the license outlined above, and (ii) your posting of User Content does not infringe upon the privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other rights of any individual or company, including the need to obtain consent for posting personally identifiable or otherwise private information.
4.4 You are solely responsible for the User Content you post on the Site. You may not post, transmit, or share User Content that you did not create or do not have permission to post. User Content is not necessarily reviewed by Junghans before posting and does not necessarily reflect the opinions or policies of Junghans. Junghans makes no express or implied warranties regarding User Content, its accuracy, or its reliability, nor about any material or information you may transmit to other users. You are strictly prohibited from posting or transmitting any content that is unlawful, threatening, defamatory, obscene, scandalous, inflammatory, pornographic, or profane, or any content that could constitute or encourage criminal behaviour, lead to civil liability, or otherwise violate any law.
4.5 Junghans explicitly reserves the right to remove any information or materials posted or transmitted for any reason or no reason, including offers for watches. Junghans will fully cooperate with law enforcement authorities or court orders requesting or directing Us to disclose the identity of anyone posting such information or materials.
5. INTELLECTUAL PROPERTY RIGHTS
5.1 The Site, along with any associated information, text, images, photographs, audio and video clips, designs, graphics, logos, symbols, names, product and corporate designations, as well as all software and other files contained within the Site (collectively referred to as the “Site Content”), is protected by legal rights, including copyrights, trademarks, and design rights owned by Junghans, its affiliates, users, or licensors, with all rights reserved. No part of the Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without prior written permission from Us, except for your own User Content that you legally post on the Site. Furthermore, no digital content may be copied into other programs without the prior written consent of Junghans.
5.2 If you meet the eligibility criteria for using the Site, you are granted a limited license to access and use the Site and its Content. This license is subject to these Terms of Use and excludes any use of data mining, robots, or similar data-gathering or extraction methods. Except for your own User Content, you may not upload, republish, or reproduce the Site Content on any Internet, intranet, or extranet site, nor may you incorporate it into any other database or compilation. Any use of the Site Content beyond what is explicitly authorized herein is strictly prohibited. This license permits only personal, non-commercial, non-exclusive, non-assignable, non-transferable, and limited use of the Site. Reselling any items purchased from the Site is also prohibited. Unauthorized use of the Site or its Content may result in termination of the license granted herein and may violate applicable laws, including copyright and trademark laws, as well as communication regulations and statutes. Unless explicitly stated, nothing in these Terms of Use grants any license to intellectual property rights.
5.3 The name "Junghans," along with other trademarks, logos, characters, page headers, button icons, scripts, service names, and other marks (collectively referred to as “Trademarks”) displayed on the Site, are subject to trademark and other rights owned by Junghans or their affiliates. These Trademarks may not be used, including as part of trademarks or domain names, in connection with any product or service in any manner likely to cause confusion. They may not be copied, imitated, or used, in whole or in part, without prior written permission from Junghans. Any use or misuse of Trademarks displayed on the Site, or any other Site Content, except as provided in these Terms of Use, is strictly prohibited.
6. DISCLAIMER
6.1 EXCEPT AS SPECIFICALLY STATED IN THE [WARRANTY], THE SITE, INCLUDING ALL MATERIALS, USER CONTENT, SERVICES, PRODUCTS, INFORMATION, AND OTHER RESOURCES AVAILABLE ON OR THROUGH THE SITE, ARE PROVIDED "AS IS" AND "WITH ALL FAULTS." YOUR USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. NEITHER WE NOR OUR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, WRITTEN, OR ORAL, WITH RESPECT TO THE SITE, USER CONTENT, MATERIALS, SERVICES, PRODUCTS, INFORMATION, AND OTHER RESOURCES AVAILABLE ON OR THROUGH THE SITE. THIS INCLUDES, BUT IS NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, TITLE, AND NON-INFRINGEMENT, WHETHER ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
6.2 Junghans is not responsible for, and shall not be held liable for, any damage to your computer equipment or other property, including the risk of viruses, that may result from your access to, use of, or browsing of the Site, or from downloading any materials, data, text, images, video, or audio from the Site.
6.3 Junghans reserves the right to interrupt or discontinue any or all functionalities of the Site at any time. Junghans accepts no liability or responsibility for any interruption or discontinuance of Site functionalities, regardless of whether this results from actions or omissions by Junghans, their affiliates, or any third party.
6.4 Although Junghans endeavors to provide accurate and up-to-date information on the Site, it makes no warranties or representations about the accuracy or completeness of the Site's content. The Site may contain technical inaccuracies or typographical errors, and Junghans reserves the right to make changes, corrections, and improvements to the Site Content at any time without prior notice.
7. LINKS TO AND FROM OTHER WEBSITES
7.1 Since Junghans has no control over and does not endorse any external websites linked to or from the Site, and because Junghans may not have reviewed all of the sites linked to the Site, you acknowledge that Junghans is not responsible for the content on any external websites or pages linked to the Site. Accessing any off-site pages or linked third-party websites is solely your responsibility.
7.2 If you choose to link to the Site, or navigate to off-site pages or other websites through links, you do so at your own risk. By following these links, you acknowledge that the legal statements and Privacy and Cookie Notices of the linked sites will apply, which may differ from those of Junghans.
7.3 Framing the Site within other websites or including parts of the Site on external sites via in-line linking or other methods is strictly prohibited.
8. SERVICE ACCESS
8.1 While Junghans strives to ensure that the Site is available 24 hours a day, it will not be liable if, for any reason, the Site is unavailable at any time or for any period.
8.2 Access to the Site may be temporarily suspended without notice in the event of system failures, maintenance, repairs, or for reasons beyond our control.
9. LIMITATION OF LIABILITY
9.1 TO THE EXTENT PERMITTED BY LAW, AND EXCEPT FOR DAMAGES CAUSED BY INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE, JUNGHANS, THEIR AFFILIATES, SUBSIDIARIES, LICENSORS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, OR AGENTS, SHALL NOT BE LIABLE FOR ANY AMOUNT OR TYPE OF LOSS OR DAMAGE THAT MAY BE INCURRED BY YOU OR A THIRD PARTY. THIS INCLUDES, BUT IS NOT LIMITED TO, INDIRECT OR CONSEQUENTIAL LOSSES, OR ANY LOSS OF INCOME, PROFITS, GOODWILL, OR DATA, ARISING FROM OR IN CONNECTION WITH THE SITE, THE USE OR INABILITY TO USE THE SITE, OR THE RESULTS OF USE OF THE SITE. THIS EXCLUSION ALSO APPLIES TO ANY WEBSITES LINKED TO THE SITE OR ANY MATERIALS ON SUCH WEBSITES, INCLUDING LOSSES OR DAMAGES CAUSED BY VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA, OR OTHER PROPERTY DUE TO YOUR ACCESS TO, USE OF, OR BROWSING OF THE SITE OR ANY CONTENT OR WEBSITES LINKED TO THE SITE. THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY INVOKED, WHETHER OR NOT YOU OR WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF ANY REMEDIES OTHERWISE AVAILABLE FAIL TO FULFILL THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES SHALL THE TOTAL LIABILITY OF JUNGHANS, ITS AFFILIATES, SUBSIDIARIES, OR LICENSORS TO YOU OR ANY OTHER INDIVIDUAL OR ENTITY, ARISING OUT OF OR RELATED TO THE SITE, USER CONTENT, SITE MATERIALS, OR SERVICES, INFORMATION, OR PRODUCTS OFFERED THROUGH THE SITE, EXCEED THE AMOUNT PAID BY YOU IN THE PAST YEAR FOR USE OF THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS DEEMED INVALID OR UNENFORCEABLE, THE TOTAL LIABILITY OF JUNGHANS, ITS AFFILIATES, SUBSIDIARIES, AND LICENSORS SHALL NOT EXCEED TEN DOLLARS ($10). IF YOU ARE DISSATISFIED WITH THE SITE OR ANY OF THESE TERMS, OR BELIEVE WE HAVE BREACHED THESE TERMS, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
10. PRIVACY AND COOKIE NOTICE
Junghans ("Junghans," "We," "Us," "Our") is committed to safeguarding your personal data. This Privacy and Cookie Notice ("Notice") outlines how we handle personal information collected through the website or application operated and controlled by us from which you are accessing this Notice (the "Site"). This Notice does not cover information collected offline, such as in our retail stores or via telephone. By using the Site, you consent to the terms of this Notice.
PERSONAL DATA WE COLLECT
10.1. "Personal Data" refers to information that identifies you as an individual, including but not limited to: your name, email address, postal address, phone number, and payment information.
10.2. We may collect and process the following Personal Data:
10.2.1. Information you provide by filling out forms on the Site, including during registration, subscription, posting material, or requesting additional services. We may also collect information when you enter contests or promotions we sponsor, or report issues with the Site.
10.2.2. Records of any correspondence with us.
10.2.3. Information from surveys we conduct for research purposes, although participation is optional.
10.2.4. Data provided to access specific features or participate in activities, such as signing up for emails, requesting a catalog, scheduling a store visit, or subscribing to newsletters.
10.3. Through your use of the Site, we may collect non-personal data that does not identify you individually but may identify your device or computer. This "Traffic Data" includes IP addresses, browser information, and domain names. This data helps us analyze and improve the Site and user experience. For details on how we use cookies and other technologies, please see the section on Passive Information Collection below.
10.3.1 We may combine your Personal Data with other information collected from you, both online and offline, such as purchase history or Traffic Data. We may also merge your Personal Data with information from other sources, including affiliates, public sources, and third parties. We treat combined information as Personal Data.
WHERE WE STORE YOUR PERSONAL DATA
10.3.2. Your data may be transferred to and stored at locations in Switzerland or elsewhere, within or outside the European Economic Area.
10.3.3If you have been given a password for specific sections of the Site, you are responsible for keeping it confidential. Do not share your password with others.
10.3.4 Although we strive to protect your personal data, internet transmissions are not completely secure. We cannot guarantee the security of data transmitted to the Site. Once received, we will implement strict security measures to prevent unauthorized access.
HOW WE USE PERSONAL DATA
10.4. We use your Personal Data to:
10.4.1 Ensure effective presentation of Site content for you and your device.
10.4.2. Provide information, products, or services you request or that may interest you.
10.4.3. Process purchases, including payments, delivery, and related customer service.
10.4.4. Process contractual obligations with you.
10.5. Allow participation in interactive features of our service.
10.5.1. Notify you about changes to our Site, products, and services.
10.5.2. Manage your personal account with Junghans.
10.5.3. Facilitate participation in promotions such as sweepstakes and contest, and manage these activities. Additional rules for such activities may apply.
10.5.4. Prevent misuse or improper use of the Site.
10.6. Send satisfaction surveys about our services, products, and overall experience (administered by Junghans or third parties).
10.6.1. Conducts business activities such as data analysis, audits, product development, website enhancement, and marketing effectiveness evaluation.
10.6.2. Comply with legal obligations, enforce terms, protect operations and rights, and pursue legal remedies as necessary.
10.6.3. Any other purpose specified at the time of collection.
10.6.4. We may use aggregated, non-personal statistics for research and share this information with marketing partners, advertisers, or other third parties.
DISCLOSURE OF YOUR PERSONAL DATA
10.7. We may share your Personal Data with members of our group, including subsidiaries and parent companies, potentially located in other countries.
10.7.1. We may disclose your Personal Data to third parties:
10.7.2. Who assist in administering the Site or providing requested services. These third parties must maintain the same level of security for your Personal Data as Junghans.
10.7.3. Who perform functions on our behalf, such as order fulfillment, delivery, payment processing, customer service, marketing assistance, and data analysis. These service providers have access to necessary Personal Data but are restricted from using it for other purposes and must adhere to this Notice and applicable data protection laws.
10.7.4. In the event of a business transition such as reorganization, merger, or sale.
10.8. To comply with legal obligations, enforce terms, or protect rights, safety, or property of Junghans, its affiliates, or others, including fraud protection and credit risk reduction.
10.8.1 If you have any questions about this privacy policy, please contact us via email at info@junghans.de
11. INDEMNIFICATION
11.1 You agree to indemnify and hold Junghans, their affiliates, subsidiaries, licensors, and their respective officers, directors, employees, shareholders, or agents (collectively, "Indemnitees") harmless from any claims, actions, suits, or other legal proceedings ("Claims") that arise out of or are related to your use of the Site, the services obtained through the Site, your fraudulent activities, violations of law, negligence, willful misconduct, or any other misuse of the Site. This includes, but is not limited to, any misuse of User Content, Site Content, services, products, information, and other materials available on or through the Site (except where such issues are attributable to us). You also agree to indemnify and hold the Indemnitees harmless from any and all judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees and legal disbursements) resulting from or related to such Claims.
12.COMPLAINT PROCEDURES
If you believe that any content or postings on this Site infringe on your intellectual property or other rights, please send a detailed email to us including the following information:
(a) Your full name and, if applicable, the name of your company.
(b) Your contact details, including your email address.
(c) A description of the issue, including the specific rights that are being infringed, the nature of your complaint, and the content or posting that you find objectionable.
(d) The following statement: “The information provided in this message is true, complete, and accurate. I have the legal authority to make these statements and demands and to seek any relief requested in this message.”
13. MISCELLANEOUS
13.1 The Site is managed by Junghans, Germany, and operated from within the United States by Junghans. We do not guarantee that the Site, Site Content, User Content, services, products, information, or any other materials available on or through the Site are suitable or accessible for use in other locations. Access to the Site from regions where it is prohibited by law is not allowed.
13.2 If Junghans fails to exercise or enforce any right or provision of these Terms of Use, it does not constitute a waiver of that right or provision. The section headings in these Terms are for convenience only and do not have any legal or contractual significance. The invalidity or unenforceability of any provision of these Terms does not affect the validity, legality, or enforceability of the remaining provisions. No individual or entity not a party to this agreement will be considered a third-party beneficiary of these Terms or any provision contained herein. The terms “includes” and “including” and their variations are to be understood as being followed by “without limitation.”
