Terms and conditions of sale

These General Terms and Conditions of Sale ("T&C") govern the offer and sale (together with the documents referred to below, including without limitation the Privacy Policy and Terms and Conditions of Use) of products marked with the "J.Hopenstand" trademark ("Products") on the website www.jhopenstand.ch (the "Website").
Please read these T&C carefully before ordering any Products on the Website. By ordering any of our Products on the Website, you agree to be bound by these T&C.
The following T&C refer separately to the Products of our selection (‘Our Selection’) that could be personalised with your initials, the bespoke Products (‘Bespoke’), which are unique and made to order especially for you and the other accessories (‘accessories’), Products regularly sold by J.Hopenstand.
The Products purchased on the Website are sold by J.Hopenstand, titulaire Defrancesco, with headquarter in Switzerland, chemin des Daillettes 8, CH-1009 Pully, not subject to Swiss VAT (" J.Hopenstand," "our," "we" or "us").
For any other legal matter please refer to the following section of our Website: Privacy policy and cookies

This English version is a translation of the official French version for information purpose only. J.Hopenstand cannot be bound by any other version than the French one, available on our Website.

1. OUR BUSINESS POLICY

1.1. J.Hopenstand offers its Products on the Website, including its e-commerce business services, exclusively to consumers (i.e., any natural person who will be the consumer of the Products and who is acting for purposes which are outside his/her trade, business or profession). If you are not a consumer, please do not buy any Product(s) on the Website. We reserve the right not to process orders received from users who are not consumers and any other order which does not comply with our business policy.

1.2. J.Hopenstand offers its Products only to consumers over the age of 18. If you are under 18, you are strictly prohibited from ordering Products from the Website. J.Hopenstand reserves the right to cancel any orders from consumers we believe to be under the age of 18.

1.3. We do not sell second-hand Products or Products of lower quality than the corresponding market standards. The main characteristics of Products are shown on each Product page of the Website. The appearance of Products offered for sale on the Website may not exactly correspond to actual Products in terms of image, dimensions and colours depending on your Internet browser or monitor quality.

1.4. Our Products are made by hand by artisans and for most of them with leather with a natural finish. Thus they are all unique and we cannot guarantee that two same articles purchased on our Website will be perfectly identical. Nevertheless we take great care in the selection of our raw material and in the training of our artisans to lessen all differences.

1.5. Products ordered on this Website may be shipped only to physical addresses located in Switzerland and in the European Union. For more information please refer to article 4 of the present T&C.

1.6. These T&C (together with the documents referred to herein) regulate the offer, transmission and acceptance of purchase orders relating to Products on the Website between the users of the Website and J.Hopenstand.

2. HOW TO PROCESS AN ORDER

2.1. All orders are subject to acceptance and availability. Please be aware that Products in your Shopping Bag are not reserved and can therefore be purchased by other users until you complete the checkout process. It is your responsibility to check the items in your shopping bag are the correct style, color and size before proceeding.

2.2. Your order is an offer to J.Hopenstand to buy the Product(s) contained within your order and is binding for a period of fifteen (15) days. An order shall be deemed to have been submitted to J.Hopenstand when you receive an order receipt email (automatically generated) confirming the content of your order, which has been received and is being assessed by J.Hopenstand.

2.3. This order receipt email is a mere acknowledgement that we have received your order, but it does not confirm our acceptance of your offer to buy the Products.

2.4. Your offer shall be deemed accepted and the relevant contract of sale is effective from the moment J.Hopenstand dispatches the Product and you receive a confirmation email containing information about the acceptance of your offer, the dispatch time, the essential characteristics of the purchased Products, a detailed breakdown of the price paid for each Product and delivery costs and details ("Order Status Update").

2.5. If your order is dispatched in more than one package, you may receive a separate email for each package and by means of each separate email you and J.Hopenstand complete a separate contract of sale for the Product(s) specified in the respective email.

2.6. J.Hopenstand reserves the right not to accept your order in its sole discretion. In such case, J.Hopenstand will inform you by email of the cancellation of the order.

2.7. By submitting an order form, you unconditionally accept and undertake to comply with these T&C as well as any other terms and conditions contained on the Website (including without limitation our Privacy Policy, Terms and Conditions of Use, Returns Policy, and Warranty Policy).

2.8. We strongly encourage you to print a copy of these T&C and the order form using the print option and save a copy thereof for your own personal use.

3. PRICES AND PAYMENTS

3.1. All prices are not including VAT as we are not subject to Swiss VAT. Nevertheless, our prices represent the full price you will pay from the product including its delivery in Switzerland.

3.2. For all delivery outside Switzerland some local VAT and import taxes may apply. We advise you to check with the authorities of your country to know the amount of these taxes.

3.3. Prices are subject to change. However, such changes will not impact the price or the description of the Products for which you have already submitted an order.

3.4. Although we have taken reasonable care to reflect accurate prices on the Website at the time of publication, a small number of Products on our Website may be mispriced. Prices are confirmed when you receive your order receipt email outlining the charges (including delivery), which may be different than the price reflected on our Website.

3.5. You may pay for your order using the payment methods available on the Website, such as credit or debit cards.

3.6. Our prices are always in Swiss francs (“CHF”), nevertheless we allow you to pay in euro if you prefer.

3.7. The exchange rate we are using is the average interbank rate of the previous day, we then round the price to the closest round amount. Thus we don’t take any commission on the exchange rate, you automatically get the best market rate. Your credit/debit card supplier could charge you with additional fees for abroad purchases.

3.8. We take reasonable care to make our Website secure. All credit and debit card transactions on our Website are processed using Postfinance, a renowned Swiss bank that encrypts your card details in a secure host environment. We don’t store any of your credit and debit card details, they will be securely store directly by our partner Postfinance. These details will be fully encrypted and used only to process card transactions, which you have initiated, to issue a refund in case of return or unavailability of the Products or for reporting cases of fraud to governmental authorities.

3.9. Should your payment fail to process the order online, please ensure that all your details submitted are correct and retry the transaction. Should the problem persist, please contact your card issuer directly, as J.Hopenstand will be unable to assist you with these types of payment failures.

3.10. Your credit card will be debited directly when you order and confirm your purchase. The price for the purchase of the Products and the corresponding expedition and delivery costs as mentioned in the confirmation e-mail, will be debited accordingly to the method of payment you have chosen.

3.11. J.Hopenstand reserves the right to implement any additional and/or other payment security system from time to time.

3.12. Refunds, for whatever reason, of any payment received by you will take place using the same method of payment you chose during the check-out procedure and cannot be amended after your order has been placed. J.Hopenstand will not be responsible for any delays beyond its control, including without limitation delays caused by the method of payment/refund or those attributable to the card issuer.

4. SHIPPING AND DELIVERY

4.1. The delivery time for the Accessories is 5 working days for Switzerland; it includes the preparation, the dispatch and the reception at your address. Thus this delivery time could be longer for deliveries outside Switzerland. For Our Selection and Bespoke Products, the delivery time is 4 to 6 weeks, as it also includes the production of the Products in our workshops.

4.2. The delivery could be done in Switzerland and in the European Union. If you’re not a resident of these countries please contact our customer service that will help you find a solution.

4.3. J.Hopenstand is unable to deliver to P.O. boxes, APO/FPO addresses. Any orders specifying a P.O. box, APO/FPO will be automatically cancelled.4.1 For specific shipping and delivery details, the information provided in the below section forms an integral part of the T&C and is hereby incorporated by reference.

4.4. The Order Status Update will contain information on the carrier and the associated tracking number(s) once your order is dispatched.

4.5. Currently, J.Hopenstand carriers are able to deliver only Monday to Friday (excluding national holidays), during local business hours.

4.6. We will make reasonable efforts to deliver the Products by the estimated delivery date indicated in your order form and during your checkout. However, such delivery date is not binding and J.Hopenstand will not be liable for any delay in delivery.

4.7. All shipments will require a legible signature of the customer upon delivery.

4.8. Upon delivery, it is the customer's responsibility to ensure that a package customer is signing for is without damage, visible alteration or wet. Any such defects should be reported when you sign for the delivery.

4.9. Upon full and correct payment, delivery, and signature for a package, the associated Products will become your property and you will become fully responsible for the Products.

5. RIGHT OF WITHDRAWAL/RETURNS POLICY

5.1. As a customer, you may cancel your order for Products purchased on the Website, without any penalty, by email at concierge@jhopenstand.ch, we will send you an email ton confirm the reception of your retraction and you will then be able to send us back the Products. You have fifteen (15) days from delivery of the Products to submit your returns request and to send us back the products.

5.2. Be careful: We do accept return only for Accessories and Products of Our Selection that have not been personalised with your initials. We won’t accept any return for Products that have been personalised as the Bespoke or Products of Our Selection with your initial on them.

5.3. J.Hopenstand does not support any shipping costs for the returns.

5.4. You must return the Products with secure packaging. You must return the Product(s) in the same condition in which you received them and they must be returned in their original packaging; moreover, the Products must not have been washed or damaged and the relevant identification tag must still be attached to the Products with the disposable seal. Please note that J.Hopenstand will review the returned Products via quality control. If the Products are sent back in perfect condition, new and with all tags and labels attached, J.Hopenstand will approve the return and reimburse the price originally paid. If the recipient of the Product(s) indicated in the order form is different from the individual who made the payment for such Product(s), the amount paid for returned items shall be refunded to the individual who made the payment.

5.5. If any of the labeling or tags are missing, do not comply with this T&C or J.Hopenstand has any reason to believe that the Products have been altered or are an imitation of the Products or were not purchased directly through this Website, J.Hopenstand will not accept the return and will return the Products back to you.

5.6. Should J.Hopenstand accept the return, we shall refund the price of the Product(s). J.Hopenstand will refund to the card/payment method you originally used to pay for the Products within fourteen (14) days from the date on which you returned the Products to J.Hopenstand's, unless possible delays of a technical nature occur that are not attributable to J.Hopenstand.

6. WARRANTY

6.1. J.Hopenstand warrants to the consumer that the Products that we deliver from this Website comply with the specifications for Products set forth on the Website and are free of material defects and workmanship errors (the "Warranty") for a period of twenty-four (24) months from the date of delivery.

6.2. This warranty applies only to Products which are a) manufactured by or for J.Hopenstand as identified by the "J.Hopenstand" trademarks, trade name, or logo legally affixed to them and b) purchased by consumers from this Website.

6.3. In the event of alleged lack of conformity of a Product to the Warranty, in order to benefit from his/her rights under this Warranty Policy the consumer must notify Client Services by email at concierge@jhopenstand.ch within a period of fifteen (15) days from the date on which he/she detected such lack of conformity. In any event, the proceedings intended to enforce the lack of conformity not fraudulently hidden by J.Hopenstand shall expire after twen (24) months from delivery of the Product(s).

6.4. J.Hopenstand reserves the right to ask for photographs of the Products with material defects and/or to ask for a return of these Products. The procedure to follow will be communicated to the Client by email in a case-by-case basis depending of the defect described by the client.

6.5. The Client will return the Product only if clearly requested by J.Hopenstand.

6.6. J.Hopenstand will examine all Products returned as damaged or defective and, in the event of a lack of conformity to the Warranty, will replace the Product or, if this is not commercially reasonable, refund the price paid.

6.7. J.Hopenstand will refund the price and your costs of returning defective Products using the same method originally used by you to pay for the purchase. If the recipient of the Products indicated in the order form is different from the individual who made the payment for such Products, J.Hopenstand shall refund the amount paid for returned items to the individual who made the payment.

6.8. In the event that J.Hopenstand finds no fault with the returned Products, you will be notified that the returned Products cannot be accepted and you may elect to have the Products re-delivered to you. If you do not accept re-delivery, J.Hopenstand reserves the right to retain the Products and the purchase price.

6.9. This warranty does not apply

• (i) if the Product has been subject to faulty or improper use, repair, alteration and/or modification in any way that is not covered in the documentation for the Product;
• (ii) to damages caused by failure to follow the instructions covered in the documentation for the Products or other specific instructions from Bally;
• (iii) if the Product is damaged by misuse, abuse, negligence, accident, normal wear and tear or deterioration, improper environmental conditions or lack of responsible care,
• (iv) to damages due to any other cause not related to defective design, workmanship and/or materials.

6.10. This Warranty policy doesn’t affect legal rights you may have according to the consumer law

7. CLIENT SERVICES

7.1. Client Services will be able to assist customers with requests for information, assistance on orders, shipping, refunds and to return Products purchased on the Website. Client Services can be contacted by phone at +41 21 552 02 23 or via email at concierge@jhopenstand.ch. The client service will answer your request within 48 hours.

8. LIMITATION OF LIABILITY

8.1. The appearance of Products displayed on the Website may not exactly correspond to actual Products in terms of image, dimensions and colour depending on your Internet browser and/or your monitor quality.

8.2. The leather and other material used by J.Hopenstand to make its Products are natural, thus small marks and stains resulting from the normal life of the animal could not be considered as a material defect. Natural oxidation, the patina or other marks naturally made throughout time cannot be considered as material defects. Please refer to the care advices section of this Website to get more details on how to take care of J.Hopenstand’s Products.

8.3. Except for cases of gross negligence and fraud, in no event will J.Hopenstand and/or any of its affiliates be liable to any buyer for lost profit, any consequential, incidental, indirect, punitive or special damages arising out of or related to these T&C and/or any damages in connection with any third party claim raised against the buyer of the Product.

8.4. No representation or warranty, expressed or implied, is made as to accuracy or completeness, merchantability or fitness for any purpose by us or any of our affiliates.

8.5. The total amount of J.Hopenstand's liability in respect of the purchase of Products under these T&C is limited to the amount paid by the buyer for the purchase of the Product giving rise to the liability.

8.6. The responsibility stated in the consumer law stays unchanged.

9. PRIVACY

9.1. You will find information on how we process your personally identifiable information and on the security systems of the Website by clicking on Privacy Policy. We recommend that you read this carefully.

10. ASSIGNMENT

10.1. J.Hopenstand may subcontract the performance of all or any of its obligations under these T&C at any time without the consent of any buyer and may transfer these T&C (including without limitation a transfer resulting from a merger, divestiture, acquisition, change of control, corporate reorganization, or sale or lease of all or substantially all of our relevant assets or business) and/or the purchase contract entered into by and between J.Hopenstand and the buyer, completely or partially, to any third party (including without limitation any affiliate of J.Hopenstand), without the consent of any buyer.

10.2. The Customer must not assign or subcontract any right or obligation under these T&C without the prior written consent of J.Hopenstand.

11. FORCE MAJEURE

11.1. In the event of strikes, difficulties or other events due to causes beyond the reasonable control of J.Hopenstand that would influence the delivery of the Products, J.Hopenstand shall be authorized to postpone deliveries or to cancel them.

11.2. We will not be liable for any failure, any suspension or any termination of access to the Website arising out of any event beyond our reasonable control.

12. OUR CONTACT DETAILS

12.1. Our contact details are:

• J.Hopenstand
• titulaire Defrancesco
• chemin des Daillettes 8
• CH-1009 Pully
• Suisse
• Email: concierge@jhopenstand.ch
• Tél: 0041 21 552 02 23

13. ENTIRE AGREEMENT, AMENDMENTS AND UPDATES

13.1. These T&C supersede and replace all prior terms and conditions of sale associated with purchases made on the Website.

13.2. The other polices stated on the Website are fully part of these T&Cs. Such as for example but not exclusively, the privacy cookies and use policies.

13.3. These T&C and all the other policies of the Website may be amended from time to time due to any new laws or regulations or other reasons. The new T&C and policies shall be effective as of the date of publication on the Website in relation to new orders placed after their publication.

14. SEVERANCE

14.1. If any provision of these T&C shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these T&C which shall remain in full force and effect.

15. GOVERNING LAW AND JURISDICTION

15.1. These T&C and the other policies of the Website shall be governed by and interpreted in accordance with the laws of Switzerland. Disputes arising in connection with these terms shall be subject to the non-exclusive jurisdiction of Lausanne.

15.2. These General Terms and Conditions of Sale are subject to updates and amendments from time to time. The version published on the Website is the version currently in force. The purchase of the Products is subject to the General Terms and Conditions of Sale which are placed on the Website on the date of your submission of the order form.

15.3. The effective date of these General Terms and Conditions of sale is 1st March 2015.

Privacy, cookies and use policies

1. SCOPE AND CONSENT

1.1 This privacy policy ("Privacy Policy") is applicable to www.jhopenstand.ch (the " Website") and describes the ways in which information about users of the Website is collected, used, and disclosed when users visit the Website and interact with the services and features offered through the Website (including the online store).

1.2 By using the Website, each user consents to our collection, use, disclosure, retention, storage, and transfer of his/her information as described in this Privacy Policy and the General Terms and Conditions of Sale. If we update this Privacy Policy, we will notify users by posting a new Privacy Policy on the Website, and the new terms will be effective as of the date the new Privacy Policy is posted to the Website.

1.3 This Privacy Policy applies solely to the Website and does not apply to other websites that users may be able to access via links on the Website and/or activities offered by third parties.

2. OPERATOR OF THE WEBSITE

2.1 The operator of the Website is J.Hopenstand, titulaire Defrancesco ("J.Hopenstand", "our", "we", or " us"), which is located at chemin des Daillettes 8, CH-1009 Pully, Switzerland.

2.2 As indicated in the General Terms and Conditions of Sale, J.Hopenstand, manages the Website's online store, which involves managing activities such as processing orders, delivering products, and processing returns as well as other activities necessary to facilitate the sale of products via the Website. To perform these activities, J.Hopenstand may process users' information (including name, address, and credit card information).

3. COLLECTION OF DATA

3.1 A user can browse the Website without telling us who he/she is or revealing any personal information about himself/herself. If a user chooses to provide us with personal information (e.g., in connection with the use of the services and features offered through the Website), however, then he/she is no longer anonymous to us.

3.2 We collect the following types of information (collectively "Data") in order to provide users with the use of and access to the Website and/or the services and features offered through the Website as well as to help us personalize and improve users' experiences on the Website:

• a) information we collect automatically: the computer systems and processing programs used to operate the Website automatically log certain data during their normal operation. This data includes, but is not limited to, device ID or unique identifier, device type, computer and connection information, statistics on page views, traffic to and from the Website, referring URL, Internet Protocol ("IP") address, standard web log information, and anonymous information collected through our use cookies and web beacons (collectively, "Surfing Data"). Some Surfing Data may allow us to identify users if the Surfing Data is associated with other data owned by third parties. J.Hopenstand collects Surfing Data in anonymous form exclusively for statistical purposes and for purposes of monitoring and enhancing the functioning of the Website and its content.
• b) Information provided voluntarily by users: users may provide personal information to us voluntarily, such as when contacting us (e.g., via email), interacting with the Website's features, making requests for services offered through the Website, completing forms to access protected sections of the Website, and purchasing products through the online store. The personal information voluntarily provided by users may include, but is not limited to, name, gender, email address, phone number, address, financial information (such as credit card and/or bank account numbers), as well as shipping, billing, and other information that users provide to purchase products through the Website and any other personal information that we may ask users to provide to use our services.

4. COOKIES AND AUTOMATIC DATA COLLECTION TOOLS

4.1 The Website uses certain tools, such as cookies, to automatically collect Data. A cookie is a small text file that is used to store information on a user's Internet browser or a user's computer's hard drive when the user visits a website, such as the Website. A cookie does not contain information that identifies a person, but it allows for the linking of a user's computer to the information provided by the user on the Website (such as, for example, linking a user's IP address and other information about the user's experience on the Website to his/her preferences expressed while choosing services and purchasing products offered through the Website). Cookies are disseminated by servers and no one may gain access to information contained therein. The information stored in cookies is gathered directly and automatically by the Website and is processed in an aggregate and anonymous manner.

4.2 The use of cookies and other automatic data collection tools is necessary for the proper functioning of the Website and its services. In the event a user disables cookies, J.Hopenstand cannot ensure that all web pages of the Website will be displayed and/or that certain services will be supplied. This policy is designed to help you understand more about these tools and our use of them on the Website.

4.3 Cookies are widely used in order to make the Website work, or work more efficiently, as well as to allow us to collect information. Cookies can be disabled or removed by tools that are available in most commercial Internet browsers. The preferences for each Internet browser you use will need to be set separately and different browsers offer different functionality and options.

4.4 Our Website uses several different types of cookies and similar technologies, each of which has a different function as set forth below:

• a) Technical or browsing cookies: These cookies enable the Website to function properly and allow you to view the Website in your language and for your market at the time you initially access the Website. These cookies will recognize your country so that on any subsequent visits, you are directed straight to the Website. They also allow you to create an account, log in, and manage your orders. If you are a registered user, these cookies enable the Website to recognize you as such when you access the services offered to our registered users. These cookies will recognize if you make a purchase from the Website through an affiliated or partner website so that we can fulfill any obligations we may have to those affiliated or partner websites. These cookies are necessary for the Website to function.
• b) Functional cookies: These cookies enable the Website to recognize you every time you access the Website, following an explicit request from you for the Website to do so (for example, if you click on "remember me"), so that you don't have to type in your login details each time.
  If you have added items to your basket and closed the session without completing your purchase, but have not removed the items from your basket, these cookies enable you to carry on shopping with the same basket the next time you visit the website within a reasonable period of time.
  These cookies are not essential for the Website to function, but they improve the Website and the browsing experience.
• c) Analytical cookies: These cookies are used, for example, by Google Analytics in order to carry out statistical analyses of how users use the Website through their computers or via our mobile applications, such as how many pages a user has visited or the number of mouse clicks made on a page while using the Website. J.Hopenstand processes the results of these analyses in an anonymous way and for statistical purposes only, provided that the service provider uses the cookies in connection with the browser installed on your computer or other device used to browse our Website.
• d) Third-party cookies for marketing/retargeting: These cookies are used by third-party companies that we trust to show you advertisements on other websites affiliated with us featuring products you viewed when browsing the Website. While you are browsing the Website these cookies are also used to show you advertisements featuring products that may be of interest to you. The usage of these cookies may create a connection with your computer or other device by tracking the information stored in it when you visit the Website and other websites affiliated with our third-party service providers: these cookies are then connected to the browser installed on your computer or other device used during the navigation on our Website.

4.5 Most web browsers (e.g., Internet Explorer, Firefox, etc.) are configured to automatically accept cookies. However, most web browsers allow users to disable cookies by adjusting their browser settings. We wish to make you aware, however, that disabling technical/browsing cookies or functional cookies may prevent our Website from functioning correctly and/or may not allow you to fully and effectively take advantage of the services we offer.

4.6 To find out more about cookies, including how to manage and disable third-party marketing/retargeting cookies, visit www.youradchoices.com.

4.7 In order to disable analytical cookies and to opt out of being tracked by Google Analytics across all websites, you can download the Google Analytics Opt Out Browser Add-on: tools.google.com/dlpage/gaoptout.

5. DATA SUBMISSION

5.1 Users may be required to provide certain Data to us to create an account on the Website and to access the services and features offered through the Website, including the online store and the relevant e-commerce services. Failure to provide Data to us may prevent a user from accessing and using the services and features offered through the Website.

5.2 The provision of Data to us for marketing purposes is always voluntary and optional. In the event a user elects to not provide Data to us for marketing purposes, that choice will have no effect on the user's ability to use the services and features offered through the Website.

6. USE OF DATA

6.1 J.Hopenstand may use Data for the following purposes:

• a) to manage and improve the Website and the services we provide through the Website, such as by better tailoring our content to our users' needs and preferences;
• b) to manage the security of the Website and Data collected via the Website;
• c) to provide the e-commerce services offered through the Website;
• d) to provide other services requested by users, as described when we collect the Data;
• e) to prevent, detect, and investigate fraud, security breaches, violations of law, and other misuse of the Website, and to enforce our General Terms and Conditions of Sale and General Terms and Conditions of Use;
• f) for market research and statistical processing; and
• g) to contact users for other purposes authorized by law.

6.2 Furthermore, with a user's freely given consent, J.Hopenstand may also use Data to create individual or group profiles (user profiling) and for marketing purposes, notably to send to users-via newsletters, emails, or text messages-information and updates on J.Hopenstand products or initiatives, offers, exclusive sales, promotional campaigns, and events and shows organized by J.Hopenstand or in which J.Hopenstand takes part, including invitations to those events and shows. Users always have the opportunity to object to the processing of their Data for marketing purposes and/or the delivery of promotional information through email.

6.3 We do not sell users' Data to third parties for their marketing purposes without users' explicit consent. We may combine users' Data with information we collect from other sources and use it to improve and personalize our advertising and marketing to users.

7. STORING AND PROTECTING DATA

7.1 Data collected will be stored and processed via an electronic system owned and managed by us, located in our offices or elsewhere in the world.

7.2 We protect users' Data by using technical and administrative security measures to reduce the risk of loss, misuse, and unauthorized access, disclosure, and alteration. Some of the safeguards we use are firewalls and data encryption, physical access controls to our data centers, and information access controls.

7.3 We take steps to ensure that the Data we collect is accurate and up to date, and we provide users with the opportunity to update their information as specified in this Privacy Policy.

8. DATA COMMUNICATION AND DISCLOSURE

8.1 Data will be accessible by J.Hopenstand personnel, including employees and external contractors.

8.2 We may also share users' Data with:

• a) any other company within the Group located in countries inside and/or outside of the European Economic Area (‘EEA’). All security and privacy measures have been put in place at the group level in order to ensure an adequate level of data protection irrespective of the geographic location of each Group company that is the receipt of Data. Members of the Group may use Data to send marketing communications only if a user has consented to such use, and each Group company will use Data in compliance with its privacy policies and applicable law;
• b) professionals, independent consultants, credit bureaus, banks, financial institutions, and other third parties that J.Hopenstand may rely on for the performance of technical and organizational services, including service providers under contract that help with our business operations (such as, but not limited to, Website operations, payment services, shipments, fraud investigations, bill collection, and affiliate and rewards programs);
• c) other third parties with which users explicitly ask that we share their Data (or where users have otherwise explicitly been notified of and have consented to the sharing of their Data with a particular third party when using a specific service);
• d) law enforcement or regulatory agencies, or authorized third parties, in response to a verified request relating to a criminal investigation or alleged illegal activity or any other activity through the Website that may expose us and/or the user to legal liability; and
• e) other business entities, should we plan to merge with or be acquired by that business entity. Should such a combination occur, we will require that the new combined entity follow this Privacy Policy with respect to users' Data.

8.3 The aforementioned third parties that may receive users' Data will process that Data for the same purposes as specified above and in accordance with applicable law. J.Hopenstand will retain a list of the third parties with which Data is shared, which will be available upon request.

8.4 If users' Data will be used or disclosed for any purpose other than the purposes described in this Privacy Policy, they shall receive prior notification of such use or disclosure. Data will be transferred to J.Hopenstand Group companies located outside the EEA only with a user's freely given consent.

9. USERS' CHOICES

9.1 Users are entitled to obtain, at any time, a copy of their personal information and to have any inaccuracies corrected. Where appropriate, users may have their personal information deleted, corrected, amended, or completed. To do so, please write to us at J.Hopenstand, titulaire Defrancesco, ch. des Daillettes 8, CH-1009 Pully, Switzerland or send an email to concierge@jhopenstand.ch.

9.2 Users may revoke, at any time, consent to the delivery of commercial and promotional material via email by clicking the "unsubscribe" link in every commercial communication sent by J.Hopenstand and/or other companies of the J.Hopenstand Group.

10. TERMS AND CONDITIONS OF USE

10.1 The access to and use of the Website, including without limitation display of web pages, communication with J.Hopenstand, downloading product information and making purchases on the Website, may be carried out by users of the Website exclusively for personal purposes, which should in no way be connected to any trade, business or professional activity. You will be liable for your use of the Website and its contents. J.Hopenstand shall not be considered liable for any use of the Website or any of its contents made by its users that is not compliant with any laws and regulations, subject to J.Hopenstand's liability for intentional torts and gross negligence.

10.2 In particular, you will be liable for communicating information or data which is not correct, false or concerning third parties (in the event such third parties have not given their consent) as well as for any improper use of such data or information.

11. INTELLECTUAL PROPERTY RIGHTS

11.1 All content included on this Website, such as works, images, pictures, dialogues, music, sounds, videos, documents, drawings, figures, logos, menus, web pages, graphics, colors, schemes, tools, fonts, designs, diagrams, layouts, methods, processes, functions and software (collectively, "Content"), is the property of J.Hopenstand and is protected by national and international copyright and other intellectual property laws. You may not reproduce, publish, distribute, display, modify, create derivative works from, or exploit in any way, in whole or in part, the Content without the prior express written consent of J.Hopenstand.

11.2 J.Hopenstand shall have the exclusive right to authorize or prohibit in its sole discretion any reproduction, publication, distribution, display, modification, creation of derivative works from, or exploitation in any way, in whole or in part, of the Content. J.Hopenstand shall have the right, at any time, to claim ownership of any Content posted on the Website and to object to any use, distortion or other modification of such Content.

11.3 Any reproduction, publication, distribution, display, modification, creation of derivative works from, or exploitation in any way of the Content expressly authorized in writing by J.Hopenstand shall be carried out by you for lawful purposes only and in compliance with all applicable laws.

12. THIRD PARTY WEBSITES

12.1 The Website may contain links to other websites, which are in no way connected to the Website or J.Hopenstand. J.Hopenstand does not control or monitor such third party websites or their contents. J.Hopenstand shall not be held liable for the contents of such websites and/or for the rules adopted by them in respect of, but not limited to, your privacy and the processing of your personally identifiable information when you are visiting those websites. Please pay attention when you access these websites through the links provided on the Website and carefully read their terms and conditions of use and their privacy policies. These Terms and our Privacy Policy do not apply to the websites of third parties. When J.Hopenstand provides links to other websites, J.Hopenstand does not provide any guarantees to their content or to services and products supplied and sold by these websites to Internet users.

13. DISCLAIMERS ON CONTENT

13.1 J.Hopenstand has adopted measures to address accuracy of the content on the Website. However, J.Hopenstand is not liable for the accuracy and completeness of the content, except for its liability for gross negligence and as otherwise provided for by the law.

13.2 Moreover, J.Hopenstand cannot guarantee that the Website will operate continuously or without any interruption or error.