Terms and Conditions of Sale
Use of Site
Accessing, browsing or otherwise using the site indicates your agreement to all the Terms and Conditions in this agreement, so please read this agreement carefully before proceeding. If you do not agree to any of these terms, then please do not access or use the Nixon website.
Subject to the terms and conditions of this Agreement, we hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of interacting with Nixon Site content and shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by us in advance. We reserve the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests.
You understand that when using the Nixon Website, you will be exposed to User Submissions from a variety of sources, and that Nixon is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Nixon with respect thereto, and agree to indemnify and hold Nixon, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
All text, graphics, button icons, images, audio clips, and software (collectively, "Content"), belongs exclusively to Nixon or its affiliates. The collection, arrangement, and assembly of all Content on this Site (the "Compilation") belongs exclusively to Nixon or its affiliates. All software used on this Site (the "Software") is the property of Nixon, its affiliates or its Software suppliers. Nixon logos, slogans, trade names or words are registered trademarks, trademarks or service marks of Nixon, its affiliates, suppliers, or third parties. The use of any of our trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in meta tags without prior explicit consent.
This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge.
This site is created and controlled by Nixon in the State of California, USA. As such, the laws of the State of California will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws.
Terms and conditions of sale
These Terms and Conditions of Sale apply to the purchase in Europe of Nixon branded products on the European website www.nixon.com. Nixon Europe SARL (referred to hereinafter as “the Seller”) is a French company with a share capital of 13 660 000 EUR, whose French branch is based in Soorts Hossegor (40150), 185 Avenue de Pascouaou, registered on the Registry of Trade and Companies of Dax under number 431 951 425, whose intra-community VAT number is GB 152 1447 37, the Siret number is 431 951 425 00047, the telephone number is +33 (0)5 58 43 59 17, represented by Mr GOUZES Philippe.
Article 1 – Object
The object of this agreement is to define the terms of sale of products sold on the website www.nixon.com (referred to hereinafter as “the Website”) between Nixon Europe, the Seller, and any person aged over 18 and/or having the capacity to enter into a contract (referred to hereafter as “the Customer”) and wishing to make a purchase for his/her strictly personal reasons, excluding any professional or commercial purpose (referred to hereinafter as “the Parties”). It is expressly agreed between the Parties that the Terms and Conditions of Sale in effect on the date of purchase and accepted by the Customer govern their dealings exclusively. If a particular matter is not provided for in these Terms and Conditions of Sale, current practices in the sector of distance selling involving companies with their head office in France will be applied. This agreement is available in French, English, German, Spanish and Italian. The Parties agree that in the event of contradiction between the different language versions, the French version will prevail.
Article 2 – Details of products
2.1. Description of products
Products available for sale on the Website are represented by high quality photographs and accompanied with a description of their key features. Products are described and presented as accurately as possible. However, given the computer technology used, products delivered may sometimes have minimal differences compared to the photographs on the Website, particularly differences in colour.
Prices are indicated in Euros (€), Pounds Sterling (£), Swiss Francs (CHF), Swedish Krona (SEK) and Danish Krona (DKK) including taxes. Prices include Value Added Tax (VAT) applicable as of the date of the order in the country where the Customer is based and where the order is delivered. The Seller is free to change the sale price of its products at any time. However, the prices indicated at the time of purchase are the prices applicable to this purchase and cannot be modified once the Customer’s order has been confirmed. The price of products does not include delivery costs of the order which remain payable by the Customer, the amount of which will be indicated when checking the ‘cart’ as well as on the order before it is confirmed. By confirming an order, the Customer agrees to pay the full price previously indicated. In the case of an obvious error in the price of a product, the Seller reserves the right to cancel the purchase of this product, at no charge for the Customer.
The exact amount of shipping costs depends on the country to which the order is shipped. For more details on the shipping costs per country, the Customer is asked to refer to the «shipping policy» section of the Website. The total price indicated on the final screen of the payment process and in the confirmation of receipt of the order includes taxes and shipping costs.
Article 3 - Order
3.1 – Placing orders
The Customer has to complete different stages to place an order on the Website:
- Select products
- Add products to cart
- Check/Change order
- Select delivery and billing options
- Read and accept the Terms and Conditions
- Confirm order
- Receive an order confirmation*
*The Seller can put an order on hold for fraud management purposes. The customer will be informed of any change in the order status within a maximum of one working day.
The Customer can make changes to his/her cart prior to final confirmation. Once the Customer checks the required box and clicks on "Complete Order" at the end of the ordering process, he/she is bound by the order and accepts the Nixon terms and conditions of sale. Once the order is recorded, a confirmation message will be automatically displayed on the Website, indicating the order number and details of the products purchased. After receiving the order, the Seller will e-mail the Customer a detailed acknowledgement of receipt for his/her order indicating the products ordered and the amount billed (including taxes and shipping costs). By issuing this receipt, the Seller accepts the order placed by the Customer. By placing an order, the Customer accepts the prices and descriptions of products purchased as well as the Terms and Conditions of Sale in effect on the date of the order. For any exceptional orders (due to quantities ordered or delivery address in particular), the Customer must contact the Customer Service.
3.2 – Prior acceptance of Terms and Conditions of Sale
Prior to ordering anything from the Website, the Customer is required to read the Terms and Condition of Sale. By clicking on the "Complete Order" button the Client agrees to our Terms and Conditions of Sale. The Customer can save and print the Terms and Conditions of Sale in effect on the date of his/her order via the acceptance window or using the "Terms and Conditions" section of the Website. These Terms and Conditions of Sale can be changed at any time. However, the Terms and Conditions of Sale applicable to an order are those in effect on the date this order is placed.
3.3 – Refusal or freezing of order by Seller
In the case of a difficulty or dispute on a previous order, the Seller reserves the right to freeze the Customer's order until the problem is resolved.
The Seller can also refuse or cancel an order in the following situations:
- the Customer's bank details are unusable (incorrect or non-verifiable),
- the payment has been refused by the Customer's bank or was not made in the set time,
- the delivery address provided by the Customer is incorrect or does not exist,
- the Customer is presumed not to have the capacity to contract or not to be ordering for his/her strictly person purposes,
- the price indicated was clearly incorrect,
- the order is identified by security systems as being unusual or fraudulent,
- the Customer has violated these Terms and Conditions of Sale,
- or for any other legitimate reason.
The Seller can then carry out some additional checks and ask the Customer for the documents or information required to fulfil the order. The Seller cannot be held liable for any damages or costs incurred following this refusal or freezing of an order.
3.4 – Availability of products
Orders are only honoured if stock is available. Products offered and prices are valid when they are visible on the Website at the time the Customer is placing an order, according to available stock. If a product is not available after the Customer places an order, the Seller will inform the Customer by e-mail as soon as possible. The amount of the order will be recalculated and the Customer will be reimbursed for the value of the products not available or the whole of the amount of the order if it is completely unavailable, at the latest within 14 days after the Customer has placed the order. If the Seller cancels the order due to the unavailability of the products, the Customer is not entitled to any compensation. However, if a product is unavailable, the Seller can supply a product of an equivalent quality and price if the Customer agrees. The return costs resulting from exercising the right of withdrawal related to the substituted product are, in this case, paid by the Seller.
Article 4 – Payment
4.1 - Currency
For the countries of the European Union to which the Seller agrees to deliver the products, orders are payable in Euros (€), Pounds Sterling (£), Swiss Francs (CHF), Swedish Krona (SEK) and Danish Krone (DKK). If the local currency of the Customer differs from the currency in which the prices appear on the Website, the Customer's bank will apply the exchange rate in effect on the date of the order (unless a different rate is applied on a discretionary basis by the Customer's bank). Consequently, changing the country of delivery can change the price of the products given the change in currency.
4.2 – Terms of payment
The customer can pay for his/her orders on the secure payment server by Visa card, Mastercard or American Express card indicating his/her card number, expiry date and the last three figures on the back of the card. The customer's account is debited as soon as he/she places the order. The customer can also pay for his/her orders with PayPal.
4.3 – Protection of payments
The Seller has set up a process for the protection of transactions with a view to ensuring the security, integrity and confidentiality of payments made on its Website. Credit card numbers are not stored in the Seller's systems. When purchasing, the bank details and payment details of the Customer are encrypted using the SSL protocol (Secure Socket Layer) from when they are entered by the Customer until the end of the transaction. None of the Customer's bank information goes through the Website or is recorded on a public server or on the Seller's servers. The Customer's bank details will therefore be requested again for each new order on the Website. However, the Seller cannot be held liable for damages resulting from events outside its control related to the use of electronic means of communication (failure or delay in the transmission of electronic communications/data, interception or manipulation of electronic communications by third parties and/or computer viruses).
4.4 – Reservation of title
The Seller reserves title to the products until it has received payment in full for the products.
4.5 - Promotional codes
With discount deals (promotional codes, discount vouchers, etc), the Customer is eligible for an exceptional discount on the purchase of a single product or on an order for several products during the period of validity. These discount deals are only valid during the period of validity and are limited to the number of products and stocks available indicated on the deal concerned. Discount deals are personal, not transferable to a third party in any way whatsoever and can only be used for on-line purchases on the Website. Discount deals cannot be combined nor can they be combined with another special offer or promotion, unless stated otherwise in the deal. Discounts cannot under any circumstance be exchanged for cash. Discounts are deducted from the amount including tax of the product concerned or the order, excluding delivery costs which are paid by the Customer.
Article 5 – Shipping and Delivery
5.1 – Delivery territory
Orders can be delivered in the countries listed below. If the Customer requires delivery to a territory other than those listed, he/she can contact Customer Service. However, the Seller can only meet this request if it is technically possible and the Customer agrees to bear all the resulting costs which will have been indicated by the Seller in advance.
We offer express and standard shipping to the following countries:
|ZONE 1*:||Austria, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, Netherlands, Portugal, Spain, Sweden, United Kingdom.|
|ZONE 2:||Bulgaria, Croatia, Cyprus, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Romania, Slovakia, Slovenia.|
|ZONE 3:||Andorra, Iceland, Norway, Switzerland.|
*Excludes Åland Islands, Azores, Canary Islands, DHL Packstation, DOM-TOM (Martinique / Guadeloupe / Guyana / Réunion / Mayotte / French Polynesia / St Barthelemy / St. Martin / Saint Pierre and Miquelon / Wallis and Futuna / New Caledonia), Faroe Islands, Greenland, Guernsey and Jersey (The Channel Islands), Hong Kong.
5.2 - Shipping rates and delays
From Monday to Friday, orders confirmed before 4 p.m. (CET) are handled during that day. If you have confirmed your order after the deadlines indicated above, it will be handled on the first working day after the date of the order. If your order is confirmed on Saturdays, Sundays or public holidays in France, it is going to be handled on the Monday or first working day after. Please note that the delivery times are expressed in working days and vary according to the destination (working days are days actually worked in the company, which excludes Saturdays, Sundays and public holidays). Delivery delays are estimated once parcels have been dispatched from our warehouse. If the delivery time indicated by the Seller when placing the order is not respected, the Customer can cancel his/her order. When the order is cancelled, the Seller reimburses the Customer immediately and, in any case, no later than within 7 days after the termination of the contract, for any sums paid in accordance with the contract. The standard shipping method applies for all free deliveries unless indicated otherwise on Nixon.com.
|STANDARD (2/3d)*||EXPRESS (1/2d)*|
|ZONE 1||Free||5.95€, 4.95£, 39DKK, 49SEK|
|ZONE 3||9.95€, 14.95CHF / Orders >100€/CHF Free||13.95€, 19.95CHF|
5.3 – Terms of delivery
The Seller has appointed different carriers to transport products ordered. The Customer must sign the delivery note issued to him/her by the carrier on delivery. If it is not possible to deliver the order to the Customer (Customer not in, address wrong or cannot be found, Customer has not provided necessary entry codes, inability to access delivery address, etc.) the carrier leaves to the Customer a note stating that he attempted to deliver the parcel and indicating the procedure to retrieve the parcel. Moreoften, carriers attempt to deliver the parcel 2 or 3 more times at the delivery address and/or indicate the closest depot to the delivery address from which the parcel may be picked up. If the delivery is still impossible, the parcel is returned to the Seller and kept by him for 30 calendar days at the Customer's disposal. Partial deliveries can be made if, for example (but not only in this case), certain products are unavailable. In this case, the Seller will inform the Customer by e-mail to the address provided to it when ordering. The Seller will propose a new delivery time for the products that are unavailable and the Customer will be free to accept this or not. The Seller will bear the additional shipping costs which will not be billed to the Customer. If the Customer refuses the new delivery date, the Seller will reimburse the Customer for the products not delivered at the latest within 7 days after receipt of the Customer's written refusal.
5.4 – Inspection on delivery
On delivery, the Customer shall inspect the products and packaging to check whether the products are damaged or not. If the products are damaged, the Customer shall refuse the delivery and the Seller will reimburse him/her for the full price of the damaged products as well as the delivery costs within 7 days after the Seller has received the damaged products and recorded their return.
5.5 – Transfer of risks
The risk of loss or damage of products ordered is transferred to the Customer when he/she, or a third party designated by him/her, takes physical possession of the products ordered. However, the risks are transferred to the Customer at the time of delivery (on the agreed date) if the Customer, or a third party appointed by him/her, clearly does not take the reasonable measures necessary to take physical possession of the products ordered.
5.6 – Tracking of order
When ordering, the Customer is given an order tracking number. With this number, the Customer can obtain information about the progress of the delivery of the order via the website of the carrier nominated by the Seller, in the section for tracking parcels. The Customer is given the address of the carrier's website in the order confirmation e-mail. The Customer can also contact the Customer Service if he/she has any questions relating to the tracking of his/her order.
Article 6 – Right of withdrawal
The Customer has a period of 30 days from the date on which he/she takes physical possession of the product(s) ordered on Nixon.com to return the product(s) free of charge. Returns from Andorra, Iceland or Switzerland are not free. The returned product(s) have to be sent at the latest on the 30th day after which he/she took physical possession of the product(s) ordered on Nixon.com. If the last day of this period falls on a public holiday, a Saturday or a Sunday, the period shall end on the first working day thereafter. All product(s) have to be securely enclosed in a package as Nixon cannot accept damaged product(s). The returned product(s) have to be intact and complete, not stained or dirty and must not have been washed or worn, and in the original undamaged packaging. Rejected returns will be sent back to the customer. In the case of partial deliveries (several products ordered at the same time by the Customer and delivered separately), the withdrawal period starts from the delivery of the last product ordered. When the product consists of batches or several items, the withdrawal period starts from the delivery of the last batch or last item. The right of withdrawal is not applicable to sensitive products from a hygiene point of view, such as underwear, swimsuits, earrings, piercing, etc. when the Customer has removed the protection or opened the packaging. The Customer informs the Seller of his/her decision to return the products before the end of the withdrawal period by sending the products back to the Seller along with the withdrawal form attached to the delivery note. The sending of either the withdrawal form or the products before the expiry of the withdrawal period must be provable (for example in the form of a postal receipt). Concerning items on sale or on free promotion, the Customer has a period of 14 days to return the products after the day on which he informed the Seller. The Seller will reimburse the Customer for the full price of the products returned, including the delivery costs (standard mode), using the payment method utilized to place the order as soon as possible and at the latest within 14 days after the date on which the Seller received the Customer's withdrawal notice and the product(s). The period begins when the Seller receives the notice of withdrawal or the products. In general, for the computation of time, the day of receipt of the notice of withdrawal or the products shall not be counted as part of the period. If the last day of this period falls on a public holiday, a Saturday or a Sunday, the period shall end on the first working day thereafter. However, reimbursement will only be made when the products returned have been received by the Seller.
Return Process :
- Pack all product(s)* that you wish to return in a box.
- Attach the prepaid shipping label to the parcel and drop it off at any UPS drop off point. You can also call UPS (0845-7-877877**) to schedule the pick up of your return.
- We send you an email once the parcel has been received at our warehouse. You will receive a second email confirming your refund once it has been processed.
If you are returning product(s) from Andorra, Iceland or Switzerland, simply send the parcel and 3 hard copies of your invoice in a plastic sleeve attached to the outside of the box to: Nixon.com Returns, Entrepôt RC, 256 rue de la Gravière, 40230 Saint Geours de Maremne, France. For security and peace of mind, Nixon strongly suggests sending insured registered post as we are not liable for loss of returned parcels.
*Any product that is returned without the promotional item(s) included with the original transaction (gift with purchase) will have the initial value of the promotional item deducted from the refund amount..
**Call charges may apply.
Article 7 – Conformity guarantee and guarantee for hidden defects
The products are covered by a conformity guarantee and a guarantee for hidden defects, enabling the Customer to return defective products or products that are not as ordered. The Customer has a period of 2 years from the effective delivery of the product to make a claim under the conformity guarantee. To this end, the Customer informs the Seller that the product is not as ordered within a period of 2 months from the date this is noted. Unless proved otherwise, any problem that appears within 6 months after delivery to the Customer is presumed to exist at the time of delivery; after this time, the Customer must provide proof that the problem existed on the date of delivery of the product concerned. In such circumstances, the Customer can claim the repair or replacement of the product, or, if this proves impossible or disproportionate for the Seller (for example, if the costs are excessive compared to a reduction of price or cancellation of the contract), the Customer can obtain an appropriate reduction of the price and keep the product concerned, or get a full refund with the return of the product concerned to the Seller (cancelling the order is not possible in the case of a minor problem). The Customer also has a means of redress for hidden defects (articles 1641 to 1649 of the French civil code) allowing him/her to either return the defective product and get a refund, or keep it and be reimbursed for part of the price. This action must be brought by the Customer within a period of 2 years from the discovery of the defect. The Customer can make claims by contacting the Customer Service and/or by sending the products back to the Seller along with the form attached to the delivery note. In all cases, if the Customer's claim is justified and achievable, the Seller will, if applicable, repair or replace the product concerned for free, offer an appropriate reduction of the price or reimburse the Customer for the full purchase price of the product concerned as well as the delivery and return costs. Reimbursements are paid using the payment method utilised to place the order as soon as possible and no later than within 14 days after the date on which the seller received the claim from the Customer and the product. However, reimbursement will only be made when the product returned has been received by the Seller. If the Customer's claim is not justified, the Seller will inform the Customer of the reasons for its refusal and, as chosen by the Customer, the product will be made available in the Seller's warehouse or shipped to the address indicated by the Customer, at the Customer's cost, within 30 calendar days after receipt by the Seller of the product returned by the Customer.
Article 8 – Commercial guarantees
When a product is covered by a commercial guarantee, terms of this special guarantee are set out directly in the description of the product concerned. Commercial guarantees do not deprive the Customer from his/her rights resulting from the conformity and hidden defects guarantees mentioned above or any other action of a contractual or extra-contractual nature which he/she is recognized to have by law.
Article L 211-4 of the French consumer code
The seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery.
He is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if he assumed responsibility therefore or had it carried out under his responsibility.
Article L 211-5 of the French consumer code
To conform to the contract, the product must:
1. Be suitable for the purpose usually associated with such a product and, if applicable:
- correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model;
- have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labelling;
2. Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to.
Article L 211-12 of the French consumer code
Action resulting from lack of conformity lapses two years after delivery of the product.
Article 1641 of the French civil code
A seller is bound to a warranty on account of the latent defects of the thing sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it, or would only have given a lesser price for it, had he known of them.
Article 1648 al 1 of the French civil code
The action resulting from redhibitory vices must be brought by the buyer within a period of two years following the discovery of the vice.
Article 9 – Customer Service
For any question related to orders made on the Website, the Customer can contact the Customer Service team
- By phone from Monday to Thursday, 10:00 - 19:00 and Friday 10:00 - 18:00 at +40 (0) 212044896
- By e-mail at : email@example.com (response within 2 working days)
- By post - response within 4 working days (+ delivery time by Post) – at :
Attention Customer Service Nixon
185 Avenue de Pascouaou
40150 Soorts-Hossegor Cedex
Article 10 – Personal data
Attention Customer Service Nixon
185 Avenue de Pascouaou
40150 Soorts Hossegor
The Customer is informed that this automated processing of information had been declared to the CNIL (French data protection authority) under the number 1628368 v 0 dated 2012-11-06. The Seller reserves the right to contact the Customers to confirm their personal data. However, to preserve the confidentiality and security of Customers' personal data, the Seller does not directly solicit the confirmation of the complete bank details. The Seller may, in cases of suspected fraud to the credit card, ask the Customer a colour photocopy or a scan of his/her passport or identity card and a colour photocopy of the front of his/her card banking by masking the first 12 digits of card number. If the Customer does not wish to disclose these documents, he/she may cancel his/her order without charge.
Article 11 – Proof and archiving of transactions
The Customer and the Seller agree that any digital element exchanged between them (data, information, files, dates and times of logging onto website, etc) constitute admissible, valid, useable and probative proof. The Seller stores electronic documents relating to orders for a period of 10 years from the order being placed. Archives are kept on a reliable and durable medium in accordance with the current law. The Customer can request access to and/or a copy of the archived documents at any time by contacting the Customer Service.
Article 12 – Liability
The Seller accepts its liability for damages caused to the Customer following the violation by the Seller of its legal or contractual obligations. On the other hand, the Seller's liability cannot be incurred in the case of non-fulfilment of its legal or contractual obligations attributable either to an unforeseeable and insurmountable act on the part of a third party to the contract, or to a case of force majeure as defined by French case law, or due to the act or fault of the Customer. Similarly, the Seller's liability cannot be incurred for any inconvenience or damage related to the use of the Internet, in particular an interruption in the availability of the Website, a break in service, an outside intrusion or the presence of computer viruses, damages or alterations of data or files or for any indirect damage, whatever the causes and consequences. The Website may contain links to third party websites not published or controlled by the Seller which therefore declines all liability as to their content and as to the relations the Customer might enter into with these third party websites.
Article 13 – Entirety and validity of Terms and Conditions of Sale
If one of the clauses of this contract becomes null and void due to a change in regulations or a legal decision, this would not in any case affect the validity and respect of the other provisions of these Terms and Conditions of Sale. The Terms and Conditions of Sale applicable are those in effect on the date of the sale.
Article 14 – Applicable law and jurisdiction
Subject to more favourable public policy provisions of the law of the country in which the Customer has his/her usual residence, these Terms and Conditions of Sale as well as relations and/or disputes resulting from sales on the Website are governed by French law. In the case of a dispute that cannot be resolved amicably, the Customer can choose to bring an action before the courts of the country where the Seller is based or before the courts of the country where he/she is resident.
Global Privacy Statement & Policy
Effective Date: May 8, 2018
Nixon and its affiliate companies (collectively, “Nixon”, “Our”, “We”, and “Us”) care deeply about Our customers (“You” or “Your”), including Your concerns over the protection and use of Your personal information and purchasing data (together “Data”). As such, it is important that We convey in clear and concise terms the Data we collect, and ways in which We handle Your Data.
Set forth below is Nixon’s Global Privacy Statement and Policy (hereafter “Policy”) that applies to specific Data collected and used by Nixon (and certain thiry-party partners) through such things as Your use of Our “smart” wearable devices, interactions with Nixon in Our retail stores or at Our events, over social media, telephone, e-mail or text , and/or on nixon.com and other Nixon websites that display or link directly to this Policy (collectively “Sites”). This Policy describes such things as the types of Data we collect, how we collect it, how we use it and retain it (and for how long), and who we share it with. By visiting Our Sites or sharing with Us information as described above, You agree to the terms described in this Policy. If You do not wish to agree to the terms of this Policy, please do not use any Sites or provide Us with Your Data. Alternatively, You may at any time opt-out of certain Data collection as detailed in Section 6 below.
Please note that Our Sites may contain links to other third-party websites. Our Policy does not apply to the practices of other websites and Nixon is not responsible for the actions and privacy policies of third-parties. We encourage You to read the privacy policies of each website that You visit.
If You have questions about this Policy, We encourage You to contact Us, and specifically our Data Protection Officer, using the contact information at the bottom of this Policy.
WHAT TYPES OF DATA DO WE COLLECT?
Nixon may collect Data in a variety of ways, such as when You provide it to Us: (a) through Our Sites or social media channels, (b) in Our retail stores, (c) via telephone, e-mail or text message; (e) at Our events; (f) by signing up to receive the Nixon Newsletter; or (g) through the use of Our “smart” wearable devices. The types of personal information we may collect through these means include:
- Your name, date of birth, billing and shipping addresses, e-mail addresses, and telephone numbers.
- Your username and password used on Our Sites
- The content of any e-mail messages, text messages, or posts on social media sent by You to Us, together with any resulting correspondence with You (for additional information on this please see Section 8 below).
- Your customer service information, such as repair history, inquiries and comments.
- Your purchase and transaction history with Us.
Signing Up as Member on Nixon Sites.
If You sign up as a Nixon.com (or other related Site) member, and You expressly opt-in to receive personalized communications by email, We will use Your personal information to create a user profile. In this context, We may combine the information You give Us online with other information from Nixon sources, transactions and communications collected or processed by Nixon or its third-party partners. This may include Data from the Nixon Sites, store locations, or Nixon licensee affiliate sites. Once You become a Nixon.com member, the personal information actively submitted by You will be registered in the central Nixon database in the United States. If You publicly post about Nixon, or communicate directly with Nixon, on a social media website, We may collect and process the Data contained in such posts or in Your public profile for the purpose of addressing any customer services requests You may have and to monitor public opinion about Nixon.
HOW DO WE COLLECT DATA?
Voluntary Submission By Nixon’s Customers
As explained above, Your Data (both personal and anonymous) is collected by Nixon in a variety of ways, such as when You voluntarily provide it to Us. As described immediately below, Nixon also collects Data through the use of “Cookies” when You visit Our Sites, such as nixon.com.
How can I disable cookies?
Cookies and citizens of the EU
Types of Cookies Used By Nixon:
- Session cookies
These cookies are temporary and expire once You leave the Site. Examples of Session cookies’ functions are to identify a specific language/locale, initially based on the geography, but then by user choice, and to enable You to browse Our Sites and use their features (e.g., add items to Shopping Cart).
- Permanent cookies
These cookies may stay on Your computer long after an individual Site session has ended and may hold such data as login details, contact information and account numbers so that You do not have to re-type them everytime You visit Our Sites.
- First-party cookies
These are cookies issued from the website You have actually access (e.g., Nixon.com). They serve to give memory to the website abou Your data and preferences
- Third-Party Cookies.
There are several third-party cookies that get loaded when using Our Sites. Cookies from Twitter, Google, and Facebook are the primary cookies that load. Other third-party cookies may include other advertising tracking and interest-based advertising, and web analytics cookies.
WHY DO WE COLLECT, AND HOW DO WE USE, THE DATA?
The Data We collect is done so to achieve Our objectives of bringing the best products, and user experience, to Our customers. To this end, the Data may be used for the at least the following purposes:
- to aid in the fulfillment and execution of Your purchases;
- to address customer questions and improve overall customer service;
- to send You updates and information on Nixon’s products and related information about Our Company;
- to improve the performance of Our Sites, including making them more user-friendly and personalized by delivering the type of content and product offering in which You may be most interested in;
- to run a promotion, contest, or survey;
- to help detect and protect against consumer fraud and abuse;
- to enable our third-party partners to carry out necessary technical and logistical functions and tasks on Our behalf;
- if applicable, to respond to any government or regulatory request, such as in response to a court order, when required by law, or to protect Our or others’ rights, property and/or safety;
- to prevent the commission of any crime, or violation of Our terms and conditions;
- to defend against third-party claims.
- To assist in the effectiveness of direct mailing campaigns to Nixon’s customers.
If You have opted to be on Our mailing list, You will receive emails, or other forms of electronic communications, that may include company news, updates, related product or service information, etc. If at any time You wish to unsubscribe from receiving such communications in the future, We include detailed unsubscribe instructions at the bottom of each email.
SHARING DATA WITH THIRD PARTIES
For the purpose of operating Our business, third-parties (e.g. credit card companies, shipping companies, customer service providers) may process Your Data. We have procedures in place to ensure that these third party companies value Your privacy. We also may share or trade encrypted Data to specific third-parties who process such Data for the purpose of providing to Nixon, and other businesses, information critical to Us building stronger relationships with Our customers, and further grow Our business.
The Data that We collect, including information about any purchase orders and purchase history, may be used to make Our future marketing efforts more efficient. This Data may also be shared with Our third-party partners who assist Us with Our marketing and advertising efforts and with other marketers whose products or services We feel may be of interest to You. If you prefer that We do not share your Data with other marketers, please contact Us at firstname.lastname@example.org or by visiting www.nixon.com/contactus.html.
Notice to California Residents
Subject to certain limitations under California Civil Code § 1798.83, California residents may ask Us to provide them with (i) a list of certain categories of Personal Data that We have disclosed to third-parties for their direct marketing purposes during the immediately preceding calendar year, and (ii) the identity of those third-parties. To make such a request, California residents may contact Us at email@example.com or by visiting www.nixon.com/contactus.html.
RETENTION, SECURITY, AND TRANSFER OF DATA
Retention of Data
Nixon retains your Personal Data for as long as You have an open and active account profile with Us or as needed to provide You the services You requested. We will also retain and use Your Data to comply with our legal obligations, resolve disputes and enforce our agreements. We will also retain the minimum amount of Your Data necessary to maintain a record of Your opt-out, or withdrawal from opt-in, if You choose to opt-out of Our communications.
Security of Data
We maintain physical, administrative, and electronic safeguards designed to protect Personal Data You provide against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use. All Data is stored securely and may only be accessed by employees with a legitimate business need to access the Data. Our Site is also in compliance with Payment Card Industry vulnerability standards in order to create as secure an environment as possible for all of Our customers. Please remember, however, that no method of transmission over the internet, or method of electronic storage, is 100% secure, and we cannot guarantee its absolute security. If We learn of a breach of the Data that may impact You, We will alert You to this fact as expeditiously as possible.
Transfer of Data
We may transfer Data We collect to the United States and/or other countries outside of the country in which the Data was originally collected. While those countries may not have the same data protection laws as the country in which the Data was originally collected, when We transfer Data to other countries, we will protect that Data as described in this Policy.
ACCESS TO YOUR DATA & YOUR RIGHT TO OPT-OUT
Access and Corrections To Your Data
We believe it is important to provide consumers with clear information about the Data available in Our databases. If Your Personal Data changes, or if You no longer wish Us to store and use Your Data, You may correct, delete or ask to have Your information removed by contacting Us firstname.lastname@example.org or by visiting www.nixon.com/contactus.html.
We maintain contact lists to communicate electronically or otherwise with Our customers and those who visit Our Sites. Individuals must affirmatively ask to join one or more of Our contact lists by registering on Our Sites or through other means. All messages sent using these lists include an opportunity to unsubscribe or opt-out of future messages. You may also request to be removed from future messages by contacting Us at email@example.com or by visiting www.nixon.com/contactus.html.
You can also opt-out of relevant advertising through the following means:
- U.S. Visitors
You may visit the Network Advertising Initiative (“NAI”) to learn more about its program and to opt out of the Interest-Based Advertising delivered by NAI members on web pages using cookies by visiting: http://www.networkadvertising.org/choices/.
We adhere to the Digital Advertising Alliance’s (“DAA”) Self-Regulatory Principles. You can visit the DAA to learn more about its program and to "opt out" of the online behavioral advertising delivered by its participants on web pages using cookies by visiting: http://www.aboutads.info/.
- European Union Visitors
We support the European Digital Advertising Alliance’s (“EDAA”) Self-Regulatory Principles. You can visit the EDAA to learn more about its program and opt out of the online behavioral advertising delivered by its participants on web pages using cookies by visiting: http://www.youronlinechoices.eu.
- Canadian Visitors
We support the Digital Advertising Alliance of Canada’s (“DAAC”) Self-Regulatory Principles. You can visit the DAAC to learn more about its program and opt out of the online behavioral advertising delivered by its participants on web pages using cookies by visiting: http://youradchoices.ca/choices/.
Please note that these opt-outs operate by placing a cookie on Your device that is unique to the browser You use to opt out. If you change browsers or computers, or delete the cookies on Your computer, You will need to opt out again.
- Mobile Opt-Out
You can learn more about how to opt-out of the use of information for relevant advertising on Your mobile application device, such as Apple iOS, by visiting this page: http://www.networkadvertising.org/mobile-choices.
- “Do Not Track” Feature on Web Browsers.
Some browsers have a “do not track” feature that lets You tell websites that You do not want to have Your online activities tracked. These features are not yet uniform. Please refer to Your browsers documentation for more information.
SENSITIVE INFO / USE OF OUR SITES BY CHILDREN
Do Not Provide Us With Sensitive Info
We ask that You not send or disclose any sensitive personal information (e.g., information related to racial or ethnic origin, political opinions, religion or other beliefs, health, criminal background or trade union membership) to Us through Our Sites or otherwise.
In accordance with the Children’s Online Privacy Protection Act, We will not knowingly collect any Data from children under the age of 13, and Our Sites are not intended for use by children under the age of 13. If You are under 13, please have Your parents enter their Data when personal information is required.
USER CONTENT SUBMISSION TERMS
The following terms and conditions (hereafter “Terms”) govern any and all Submissions (as defined herein) of User Content (as defined herein). You acknowledge that You shall be solely responsible for any information, profiles, messages, text, files, images, photos, video, music, sounds, or other content or materials (“User Content”) that You submit, upload, post or otherwise provide or make available to Us or Our vendors, on or through Our Site or otherwise (“Submission(s)”), including User Content You agree to allow the use of that is on third party companies’ websites, for example Instagram, Twitter, Facebook, Pinterest and Google+, that are associated with hashtags related to Nixon, including, for example, #Nixon. Nixon expressly disclaims any and all liability in connection with Submissions. Such Submissions may be used on the Site and/or on other Nixon marketing materials, including emails, social media and store signage. By making a Submission, You represent and warrant that You are at least eighteen (18) years old and that You have read, understand and agree to be bound by these Terms. If Your Submission is selected by Nixon to be used, it may be displayed for other users to see, together with Your name and associated Instagram, Twitter, Facebook (if applicable) profile information (such as your handle and profile picture). You acknowledge and agree that Nixon is under no obligation to display, feature or use any Submission, but We may do so at Our sole discretion.
Any Submission will be treated as non-confidential. Any Submission also will be treated as non-proprietary, except as specifically set forth herein. By making a Submission, You hereby grant, and You represent and warrant that You have the right to grant, to Nixon, its affiliated entities, vendors and licensees a nonexclusive, royalty-free, worldwide, perpetual, transferable, irrevocable, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works of, distribute, perform and display any Submission, as well as Your name, Instagram, Twitter, Facebook ID, profile picture, image, likeness, comments, posts, statements or other information, in any manner, and in any and all distribution channels, venues, forms, media, or technology, whether now known or hereafter developed, alone or as part of other works, without further notice or any compensation to You. You also acknowledge that Your Submission may not be returned and We may use Your Submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. For clarity, You retain all of Your ownership rights in your Submissions.
You further represent and warrant that Your Submissions do not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead Us as to the origin of any Submission. You agree to indemnify Nixon, our vendors, and third-parties such as Instagram, LLC, Twitter Inc., Facebook, Inc.,.Pinterest, Inc. and Google Inc. and any of Our or their respective parents, affiliates, licensees, licensors, and each of Our or their respective officers, directors, employees, successors, agents and assigns, for all claims arising from or in connection with (a) the use of any Submission, including, without limitation, all claims arising out of or based upon copyright or trademark infringement, misappropriation, invasion of privacy, defamation, right of publicity and/or any blurring, alteration, editing, morphing, distortion, illusionary effect, faulty reproduction, fictionalization or use in any composite form of Your or any other person’s or entity’s name, Instagram, Twitter, Facebook ID, profile picture, image, likeness, comments, posts, statements or other information and/or the Submission; or (b) any breach or alleged breach by You of any of these Terms or applicable laws.
Nixon does not guarantee any confidentiality with respect to Submissions made and such Submissions may be made available to the general public, and may be used by Nixon without restriction. Anyone who submits User Content further irrevocably waives any rights of publicity and privacy, any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that may exist under any applicable law or under any legal theory.
Nixon reserves the right, at its sole discretion, to edit any Submission and to choose to include or not include such Submission on the Site or otherwise use the Submission. You acknowledge and agree that all editorial decisions regarding the use of Your Submission are solely at Nixon’s discretion, and that Nixon may combine, format, configure and otherwise edit your Submission in its sole discretion. You hereby waive any right to inspect or approve Your Submission before it is used. The Site may include the opinions, statements and other content of third parties. Nixon is not responsible for screening, monitoring or verifying such content, including such content’s accuracy, reliability or compliance with copyright or other laws. Any opinions, statements, or other materials made available by third parties through the Site are those of such third-parties and not of Nixon, including its licensors and/or vendors, and Nixon does not endorse any such opinions, statements, or materials. Nixon reserves the right to remove Submissions at any time without prior notice.
To the fullest extent permitted by applicable law, You hereby release, hold harmless, and forever discharge Nixon from any and all claims, actions, causes of action, demands, rights, damages, costs, and expenses (collectively, “Claims”) arising out of, related to, or in any way connected with the exercise by Nixon of the rights granted herein, including, without limitation, any and all Claims for invasion of privacy, infringement of Your rights of privacy and/or publicity, infringement of Your intellectual property rights, defamation, or portrayal in a false light. If You are a California resident, You waive Your rights with respect to California Civil Code Section 1542, which provides “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor,” as well as under any statute or common law principle of similar effect which restricts the release of claims which the releasing party does not know or suspect at the time of the release, which if known would have materially affected the decision to agree to release.
You acknowledge and agree that Nixon has no control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by any third-party of any Submission.
CHANGES TO POLICY
This Policy may be updated and/or revised from time-to-time in Nixon’s sole discretion and without prior notice. Any significant changes to this Policy – specifically to Our collection and/or Use of Data – will be prominently noticed to the public on our Sites, or through other appropriate means. We also encourage you to frequently check this page for any changes, and to stay informed about how We are helping to protect the Data We collect.