Terms and Conditions of Use
This website and web-store are operated by DeNovo LLC (“us”/”our”/”we”).
These terms and conditions (“Terms and Conditions”) govern the use of this website and web-store, any order placed through this website and web-store, and all agreements between us and you concluded through this website and web-store . Please carefully read these Terms and Conditions. By using this website and web-store, you accept to be bound by these Terms and Conditions. Nothing in these Terms and Conditions will withhold you from exercising any of your statutory rights under applicable law. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without DeNovo’s express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without DeNovo’s express written consent.
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to DeNovo a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to DeNovo the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or DeNovo or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
DeNovo reserves the right to edit or remove any material submitted to this website, or stored on DeNovo’s servers, or hosted or published upon this website.
This website is provided “as is” without any representations or warranties, express or implied. DeNovo makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, DeNovo does not warrant that:
this website will be constantly available, or available at all; or
the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind.
Limitations of liability
DeNovo will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
to the extent that the website is provided free-of-charge, for any direct loss;
for any indirect, special or consequential loss; or
for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if DeNovo has been expressly advised of the potential loss.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit DeNovo’s liability in respect of any:
death or personal injury caused by DeNovo’s negligence;
fraud or fraudulent misrepresentation on the part of DeNovo; or
matter which it would be illegal or unlawful for DeNovo to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
you agree that the limitations of warranties and liability set out in this website disclaimer will protect DeNovo’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as DeNovo.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify DeNovo and undertake to keep DeNovo indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by DeNovo to a third party in settlement of a claim or dispute on the advice of DeNovo’s legal advisers) incurred or suffered by DeNovo arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions].
Breaches of these terms and conditions
Without prejudice to DeNovo’s other rights under these terms and conditions, if you breach these terms and conditions in any way, DeNovo may take such action as DeNovo deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
DeNovo may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
DeNovo may transfer, sub-contract or otherwise deal with DeNovo’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These terms and conditions together with DeNovo’s Privacy Statement constitute the entire agreement between you and DeNovo in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with Maryland (USA) Law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Maryland.
This document was created using a Contractology template available at http://www.freenetlaw.com.
1. Placing an Order
1.1 To place an order, you will be required to follow the shopping process indicated in the web-store. You will then receive an email from DeNovo acknowledging that we have received your order “Order Confirmation”.
1.2 All orders are subject to acceptance by DeNovo. We will confirm such acceptance by sending you an email that confirms that the product has been dispatched “Shipment Confirmation”. The agreement between you and DeNovo will only be formed when you receive the Order Confirmation.
1.3 By placing an order through this web-store, you warrant that you are at least 18 years old and are legally capable of entering into binding agreements.
1.4 In the event of supply difficulties or if products are no longer in stock, we will inform you and reimburse any monies that you may already have paid.
2. Price and Payment
2.1 DeNovo LLC charges the prices as indicated in the web-store. The prices in the web-store are inclusive of State Tax / VAT. State Tax is only charged on orders shipped to Maryland and will be included at the Check Out. Applicable international custom duties and taxes are to be paid by the client at his/her own expense, and are not included in the order check out.
2.2 Shipping charges are added at check out.
2.3 We accept payment by credit card (Mastercard, VISA, Discover or American Express) or PayPal.
2.4 Payments are handled by Elavon, our Payment Service Provider (see www.elavon.com). Elavon uses SSL (Secure Socket Layer) technology to protect personal information that is transmitted across the Internet. You can see whether you are on a secure page protected by SSL technology by looking for a padlock in the toolbar.
3. Delivery, Risk and Ownership
3.1 DeNovo LLC strives to send you an Order Confirmation and send out the ordered products within 24 hours of placing the order. We endeavor to deliver the products within 1 to 5 working days, unless a deviating estimated delivery date is mentioned on the item shop page or in the Order Confirmation.
3.2 We engage an express carrier and package delivery company to take care of the delivery of our products. You can find the tracking number in the Shipment Confirmation, allowing you to check where your package is and when it will be delivered.
3.3 The products will be at your risk when you have received the product.
3.4 Ownership of the products will only pass to you when DeNovo LLC receive full payments of all sums due in respect of the products, or upon delivery, whichever is later.
4. Return of a Product
Right of withdrawal
4.1 Until 14 days after the date that you have received the products, or the last product in case of an Order Confirmation for multiple products ordered but received separately (“withdrawal period”), you may choose to return the product to DeNovo, without giving any reasons for such return and in accordance with the instructions below (“right of withdrawal”).
4.2 To exercise your right of withdrawal, you must inform DeNovo of your decision to withdraw by an unequivocal statement (e.g. by e-mail) within the withdrawal period mentioned above. You may also use the standard withdrawal form, but this is not obligatory. To meet the deadline, it is sufficient for you to send your communication concerning your exercise of your right of withdrawal before expiry of the withdrawal period. Please find our contact details for such communications in the accompanying documentation of your order.
4.3 We will communicate to you an acknowledgement of receipt of your withdrawal notification on a durable medium (e.g. by e-mail) without delay.
Effects of withdrawal
4.4 If you inform DeNovo of your decision to withdraw, we shall reimburse to you all payments received from you, without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw. We will carry out such reimbursement utilizing the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the product/s back from you or you have supplied sufficient evidence of having sent back the products in good order, whichever is the earliest.
4.5 You shall send back the products without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from our agreement to DeNovo. The deadline is met if you send back the products before the period of 14 days has expired. If no instructions for return were sent with your product, please note that all products must always be returned by insured post in sufficiently protected packaging, including any accompanying accessories and with the original invoice/packing slip. Please find the return address in the accompanying documentation of your order.
4.6 You will have to bear the direct cost of returning the goods by insured post/courier.
4.7 During the withdrawal period and, if you timely exercised your right of withdrawal, thereafter until you return the product to DeNovo, you shall take reasonable care of the product whilst it is in your possession.
Return of a defective product
4.8 If you find the product to be defective at the time of the delivery, please promptly contact DeNovo via email [email protected], presenting details of the product and its defects. We will then instruct you how to proceed.
5. Warranty and Repair
5.1 DeNovo watches arrives with a 2-year manufacturer’s warranty, valid from date of purchase. DeNovo owners should register their watch online upon receipt of the watch. If you have any questions or wish to claim under the warranty terms and conditions, please check the ‘warranty’ check box on our ‘service’ page, or send an e-mail to [email protected]
5.2 Manufacturer’s warranty does not cover damage caused by incorrect usage of the product.
5.3 straps are not covered by warranty.
5.4 Warranty repairs will be handled only by the official DeNovo importer in your area.
5.5 Any repair by other party will void and null the manufacturer warranty
6.1 This web-store and our products have been prepared with the highest care and skill. We however cannot warrant that the web-store is always available and that the information in the web-store is complete, correct or up-to-date. In as far as permitted by mandatory law, We cannot be held liable for damage resulting from or related to any use of the web-store or the information in it. Using the web-store is at your own risk.
6.2 In deviation from the above, our liability in connection with any product purchased through our web-store is strictly limited to the purchase price paid by you for that product, unless the damage is caused by willful recklessness and/or intent at our side.
6.3 Any cause of action you may have in relation to ordered products must be commenced within two years after the claim or cause of action arises, subject to lapse of the claim.
7.1 By using this web site and our web-store you agree to our privacy statement as outlined here: www.DeNovoSwiss.com/privacy
8. International Site Users
8.1 DeNovo products are available in many parts of the world. However, our web-store may describe products that are not available worldwide. We make no representation that our web-store or DeNovo product is appropriate or available for use or that we can deliver our products in every country of the world. Use of this web-store is at your own risk and you are responsible for your compliance with applicable local laws, including local web access laws.
9. Intellectual Property Rights
9.1 Unless otherwise stated, DeNovo and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
9.2You may view, download for caching purposes only, and print pages [or [OTHER CONTENT]] from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
9.3 You must not:
• republish material from this website (including republication on another website);
• sell, rent or sub-license material from the website;
• show any material from the website in public;
• reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;]
• edit or otherwise modify any material on the website; or
• redistribute material from this website
10. Company Details
9.1 DeNovo LLC
6 Kettle Pond Ct.
Potomac, MD 20854
Tel: + 1 301 251 4123
Email: [email protected]