Terms And Conditions


March 2014

  1. Your consent
    This ZINO DAVIDOFF Terms and Conditions of website use (together with the ZINO DAVIDOFF Privacy Policy and other documents referred to in here) tell you the terms and conditions based on which you may make use of our website.

    Please read these Terms and Conditions carefully before you start to use our website.

    This website and its Cognac section respectively is maintained by Zino Davidoff SA (“we”, “us” and « our website »), registered in Switzerland under company number CH-217.0.136.756-0 and domiciled at Rue Faucigny 5, 1700 Fribourg, for the personal use of persons who are lawfully permitted to purchase and consume alcoholic beverages, in countries and other territories where the sale, advertising and consumption of alcoholic beverages and of our other products is lawful.

    By using our website and its Cognac section respectively, you indicate that you accept these Terms and Conditions and that you agree to abide by them.

    Please exit our website and its Cognac section respectively immediately if you do not accept these Terms and Conditions, if you are not of legal age for consuming alcoholic beverages in the country or other territory in which you are located, or if you are accessing our website from a country or other territory where the use of our website and its Cognac section respectively is not permitted.

  2. Our Intellectual Property Rights

    All intellectual property rights, including but not limited to trademark-, design- , database- and copyrights and domain names, in our website, in the materials published on it or in the newsletters sent to you, including but not limited to texts, images, audio and video materials, graphics, designs, look and feel and website code (“Materials”), are owned by us and are reserved.

    You may not remove any copyright or other proprietary notices from any Materials in our newsletter or on our website.

    Except as provided in these Terms and Conditions, you are not granted any right, title, interest or license with regard to any Materials you may receive with our newsletter or access on our website.

    You may print a reasonable number of hard copies and may download extracts of any page(s) from our website and of our newsletter for your lawful, personal and non-commercial use. Unless otherwise specifically authorised by us (by way of example only, explicit instructions such as “click here to enlarge this image”) you must not modify the paper or digital copies of any Materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text or proprietary notice. This does also apply to digital versions of our catalogues and user manuals which we provide for download in the « My Account » section of our website. All other copying (whether in electronic, hard copy or other format), reproduction, transmission, public performance, distribution, commercial exploitation, adaptation, translation, modification, bundling, merging, sharing or making available to any person, or creation of any derivative works of our website or the Materials in our newsletter and on our website is prohibited.

    You must not use any part of the Materials contained in our newsletter and on our website for commercial purposes without obtaining a written licence from us to do so.

    If you wish to make any use of Material on our website or in our newsletter other that set out above, please address your request to info@zinodavidoff.com.

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

  3. Information you supply to us

    Any communication or material you transmit to our website or to us by electronic mail or otherwise, including any data, questions, comments, suggestions or the like is, and will be treated as, non-confidential and nonproprietary. Anything you transmit becomes the property of us and may be used for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, we are free to use, without compensation to you, any ideas, concepts, know-how or techniques contained in any communication you send to our website or to us for any purpose whatsoever including but not limited to developing, manufacturing and marketing products using such information.

  4. No offer / No advice

    The information published on our website or in our newsletter does not constitute an offer or an invitation to purchase products or to enter into any kind of legal transaction with us.

    Moreover, information and material posted on our website or in our newsletter are not intended to amount to advice on which reliance should be placed. We disclaim all responsibility and liability arising from any reliance placed on such information and/or material.

  5. Links

    Our website may contain links to websites that do no belong to us or are not administered by us. We provide these links solely as a courtesy to you and accept no responsibility whatsoever for their content or proper functioning. We are neither liable for the accuracy and content of such websites nor responsible for the material that may be ordered via them. No link to another website or any reference to information, products or services provided by others shall be considered to be an approval, either explicit or implicit, thereof by us and may not be construed as such. Any questions or comments related to these other websites should be addressed directly to the operators of such websites. The presence of links on our website to other websites does not imply that we support, endorse or recommend the corresponding content. The links are provided in good faith and, accordingly, we make no representations or warranties of any kind regarding the accuracy, reliability, legality or validity of any content found on other websites.

    You are not entitled to establish a link from any website to our website and to any pages of our website respectively.

  6. No liability

    Your use of our website is at your own risk. You are fully responsible for and bear all risks associated with the use of our website.

    We reserve the right to restrict or stop the use of our website at any time.

    To the fullest extent permitted by law, our website and our newletter and all content and material contained therein are provided on an “as is” basis and without any guarantees, conditions or warranties, whether express or implied, as to their accuracy, completeness, merchantability, non-infringement or fitness for a particular purpose.

    In particular, we do not warrant that our website will always operate without errors or be free of computer viruses or other potentially harmful elements. We shall not be liable for damages (including, without limitation, indirect, accidental and consequential damages) or losses resulting from failures, errors, omissions, computer viruses, disruptions in service or negligence on the part of us.
    To the fullest extent permitted by law, any liability of us and of any third party involved in the development and provision of our website and newsletter for any direct, indirect or consequential loss or damage incurred by any user in connection with our website or our newsletter or in connection with the use, inability to use, or results of the use of our website or newsletter, any websites linked to them and any materials posted on our website or contained in our newsletter, including, without limitation any liability for loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time, and for any other loss or damage of any kind and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, is excluded.

  7. Indemnity

    You will indemnify us against any loss, damage or cost incurred by us arising out of your use of our website or our newsletter, any of their services or any information accessible over or through our website or newsletter, including information obtained from linked sites, our submission or transmission of information or material on or through our website or your violation of these Terms and Conditions or any other laws, regulations and rules. You will also indemnify us against any claims that information or material which you have submitted to us is in violation of any law or in breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, breach of confidence and infringement of any intellectual property rights). We reserve the right exclusively to defend and control any claims arising from the above and you will fully cooperate with us in any such defenses.

  8. Jurisdiction and Applicable Law

    By using our website, you signify your agreement to the fact that your use thereof is exclusively governed by the laws of Switzerland and that the courts of Fribourg, Switzerland, shall have jurisdiction over any matters related to such use.

  9. Variations

    We may revise this ZINO DAVIDOFF Terms and Conditions of website use at any time by amending this page. Each time you use our website, the then-current version of the Terms and Conditions will apply. Accordingly, when you use our website please check the date of the Terms and Conditions (which appears at the top right hand corner) and review any changes since the last version.