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terms-of-use

PLEASE NOTE: SECTION 21 CONTAINS A BINDING ARBITRATION CLAUSE, WAIVER OF THE RIGHT TO A TRIAL BY JURY AND CLASS ACTION WAIVER. IT AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE ANY DISPUTE WITH US. PLEASE READ IT.

This Web site (https://us.shopmido.com/) is operated by Mido (“Mido”) a division of The Swatch Group (US) Inc. ("SGUS"). Throughout the Site and these Terms of Use, the terms "we", "us" and "our" refer to Mido and SGUS.

Please carefully read the following Terms of Use before using the Site.

Mido offers this Site, including all information, content, materials, tools, products and services available from this Site, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies, statements and notices stated within these Terms of Use and elsewhere within the Site. By accessing and/or using this Site, you agree to be bound by these Terms of Use, including disclaimers.

We reserve the right, in our sole discretion, to change, modify or otherwise alter these Terms of Use at any time by posting revised terms on the Site. Please review the terms of use periodically because it is your sole responsibility to check for any changes we may make to these Terms of Use. Your continued use of this Site following the posting of changes to these Terms of Use or other policies or statements will constitute your acceptance.

1. PRIVACY

We respect your privacy. Our Privacy Statement, located at https://us.shopmido.com/privacy-statement, is incorporated into and forms a part of these Terms of Use and is part of our agreement with you. Please read our Privacy Statement carefully as it describes, among other things, how we collect, use, share, transmit, transfer and secure information obtained when you access and use our Site.

2. USE OF CONTENT ON THE SITE

All Content on this Site (including, without limitation, Web pages, data, information, messages, text, images, photographs, graphics, audio and video, and documents such as press releases, product data sheets, and product and marketing information, is the exclusive property of and owned by The Swatch Group (defined below), its licensors or its Content providers (collectively, “Content Owners”) and is protected by copyright, trademark and other applicable laws. You may only access, copy, download and print the Content contained on the Site for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the Content you access, copy, download or print. Any other use of Content on the Site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any Content, or use of the Site for purposes competitive to The Swatch Group, is expressly prohibited. The Content Owners retain full and complete title to their respective Content provided on or through the Site, including all associated intellectual property rights. We provide this Content to you under a non-exclusive limited license that is revocable at any time in our sole discretion. The Content Owners neither warrant nor represent that your use of Content provided on or through the Site will not infringe rights of third parties not affiliated with us and reserve all rights and licenses not expressly granted in these Terms of Use.

3. FEATURES AND FUNCTIONALITY PROVIDED BY THIRD PARTIES; THIRD PARTY TERMS

Certain of the Content, features and functionality on the Site may be owned and operated by third parties (collectively, “Third Party Providers”). Your use of and interaction with such Content, features and functionality (collectively, “Third Party Content”) may be subject to separate terms and conditions. In that event, you acknowledge that these Terms of Use will not apply to your use of the Third Party Content and that you will be subject to and comply with the terms of use offered by such Third Party Providers. YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE OR OTHERWISE LIABLE FOR THIRD PARTY CONTENT OR THE ACTS OR OMISSIONS OF THIRD PARTY PROVIDERS AND THAT ANY CLAIMS OR OTHER CAUSES OF ACTION AVAILABLE TO YOU IN CONNECTION WITH EITHER OF THE FOREGOING WILL BE BROUGHT AGAINST THE APPLICABLE THIRD PARTY PROVIDER(S) AND NOT US OR ANY OTHER MEMBER(S) OF THE SWATCH GROUP.

4. TRADEMARKS AND COPYRIGHT

All Mido trademarks, trade names, logo, slogan, service marks, service names, product names, and intellectual property, whether or not delineated in large print or with trademark symbols or in any other fashion, are trademarks and/or intellectual property of The Swatch Group (US), Inc. or its affiliates or each of its/their respective ultimate corporate parent (collectively, “The Swatch Group”). Nothing on this Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Site without the owner’s prior written permission, except as otherwise expressly described herein. This Site and all of its Content is protected as a compilation under the copyright laws of the United States and other countries. The use (except as explicitly permitted herein) or misuse of the trademarks, copyrights or any other intellectual property of The Swatch Group is expressly prohibited and may be in violation of copyright, trademark, slander or libel laws, privacy law and publicity and communications regulations and statutes. Please be advised that The Swatch Group actively and aggressively enforces its intellectual property and other rights to the fullest extent of the law.

5. MERCHANDISE AVAILABILITY

Mido prides itself in providing exclusive, quality merchandise. Availability of merchandise may vary at the Site. Some featured items may be available only in limited quantities or only while supplies last. Once an item is no longer available or out of stock, we may attempt to, respectively, remove the item promptly from display on the Site or list it as “out of stock,” “unavailable” or the like. Display of an item on the Site is not a guarantee that the item is currently available or in stock or that it will be available on our Site when you visit again. If you are unable to locate a particular item that caught your attention on a previous visit to our Site or if you have any questions concerning the availability of a particular item, please contact our Customer Services group via email at mido.us@swatchgroup.com.com or calling 1-888-293-9545 or via snail mail to: THE SWATCH GROUP (U.S.) INC., DIVISION MIDO CUSTOMER SERVICE, 1200 HARBOR BOULEVARD, WEEKHAWKEN, NJ 07086. We will make every commercially reasonable effort to fulfill your requests whenever possible.

6. MERCHANDISE DISPLAY

Mido will make every reasonable effort to display its merchandise on the Site as accurately as possible. Unfortunately, various factors, including the display and color capabilities of your computer monitor, may significantly affect what you actually see on your screen. We are not responsible for the display of any color, texture or detail of its merchandise on your computer screen and cannot guarantee the accuracy thereof. However, if you are dissatisfied with any item you purchase from the Site, you can return or exchange it to us subject to our policies.

7. RETURN POLICY

Sales on this Site are subject to our Return Policy located at: https://us.shopmido.com/return-policy

8. ORDERS, PROHIBITION ON RESELLING, AND PRICE

The Content on this Site does not constitute a binding offer to sell products described on the Site or to make such products available in your area. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. You may not purchase any item from this Site for resale by you or any other person, and you may not resell any item purchased from this Site. The prices displayed on the Site are quoted in U.S. dollars and are intended to be valid and effective only in the United States. In the event a product is listed at an incorrect price, we have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account. In the event we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made or that we may have on file.

9. RISK OF LOSS

All items purchased from the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

10. PROMOTIONS, DISCOUNTS, AND VOUCHERS

We, from time to time, run promotions concurrently. Offers cannot be applied to previous purchases and cannot be redeemed for cash or combined with any other offer. To redeem, enter the code in the promo code box at checkout. Limit one promotional code per order. Offers valid in the U.S. only. Terms of offers are subject to change.

11. INTERNATIONAL VISITORS

We truly value your interest in our Site. However, please note that our Site can only ship to the U.S. at this time (Continental United States and Hawaii). We do, however, encourage our international visitors to stay tuned for updates on our shipping practices and other Site development.

12. YOUR ACCOUNT

When and if you use the Site, it shall be your sole responsibility to provide true, accurate, current and complete information about yourself and maintain the confidentiality of your e-mail address, password and any other account identifiers related to any personal account you may have created on the Site (the "Account"), and for restricting access to your computer(s) and devices. You also agree to accept sole responsibility for any and all activity that occurs under your Account. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your e-mail address, password and any other account identifiers related to any personal account you created on the Site, you must notify us immediately. We may assume that any communications we receive under your e-mail address, password and any other account identifiers related to any personal account you created on the Site have been made by you unless we receive timely notice otherwise.

13. YOUR CONTENT

You agree that you will only upload, share, post, publish, transmit, or otherwise make available ("Share") on or through the Site, Content that you have the right and authority to Share and for which you have the right and authority to grant to us all of the licenses and rights set forth herein. By Sharing Content, you grant us an unrestricted, worldwide, perpetual, royalty-free, irrevocable, nonexclusive, fully sublicensable license to use, reproduce, modify, adapt, translate, publish, publicly perform, publicly display, broadcast, transmit, distribute, manufacture, have manufactured, sell and exploit the Content for any purpose and in any form, medium, or technology now known or later developed. This includes, without limitation, the right to incorporate or implement the Content into our or any other member(s) of The Swatch Group product or service, and to display, market, sublicense, exploit, distribute and sell the Content as incorporated or embedded in any product or service distributed or offered by, for or on behalf of us or any other member(s) of The Swatch Group without compensation or attribution to you. You warrant that: (a) you have the right and authority to grant this license; (b) our or any other member of The Swatch Group exercise of the license and/or rights granted pursuant to this license will not infringe or otherwise violate any third party rights; and (c) all so-called moral rights in the Content have been waived to the full extent allowed by law.

You agree that you will neither use the Site in a manner, nor Share any Content, that: (a) is false or misleading; (b) is defamatory, derogatory, degrading or harassing of another or constitutes a personal attack; (c) invades another's privacy or includes, copies or transmits another's confidential, sensitive or personal information; (d) promotes bigotry, racism, hatred or harm against any group or individual; (e) is obscene or not in good taste; (f) violates or infringes or promotes the violation or infringement of another's rights, including intellectual property rights; (g) you do not have the right and authority to Share and grant the necessary rights and licenses for; (h) violates or promotes the violation of any applicable laws or regulations; (i) contains a solicitation of funds, goods or services, or promotes or advertises goods or services; or (j) contains any viruses, Trojan horses, or other components designed to limit or harm the functionality of a computer, systems, network or data. We may report you to the relevant authorities and may act under the fullest extent of applicable laws if you transmit or upload content intended or designed to cause harm.

We do not want to receive confidential or sensitive information from you through or in connection with the Site. Notwithstanding anything that you may note or state in connection with Sharing Content, it shall not be considered confidential or sensitive information and shall be received and treated by us on a non-confidential and unrestricted basis and we shall not take and shall not be required to take any steps to safeguard the confidentiality of any information that you Share, other than as specified in these Terms of Use.

14. CONDUCT

You or third parties acting on your behalf may not: (i) use contact information provided on the Site for unauthorized purposes, including marketing; (ii) use any hardware or software intended to damage or interfere with the proper working of the Site or to surreptitiously intercept any system, data or personal information from the Site; (iii) interrupt or attempt to interrupt the operation of the Site in any way; (iv) frame this Site or use The Swatch Group’s proprietary marks, or any mark, word, term or slogan likely to be confused therewith, as meta tags or anything else, without our duly authorized prior written consent. These marks include, but are not limited to, BALMAIN, BLANCPAIN, BREGUET, CERTINA, ENDURA, FILK FLAK, GLASHUTTE, HAMILTON, HARRY WINSTON, JAQUET DROZ, LEON HATOT, LONGINES, MIDO, OMEGA, RADO, SWATCH, TISSOT and UNION GLASHUTTE; (v) use frames or utilize framing techniques or technology to enclose any content included on the Site; or (vi) utilize any Content in any meta tags or any other "hidden text" techniques or technologies.

15. MONITORING

We have no obligation to monitor the Site or screen Content that is Shared on or through the Site. However, you consent that we reserve the right to review the Site and Content and to monitor all use of and activity on, to and from the Site, and to add, revise, update, remove or choose not to make available on or through the Site any Content in our sole discretion. We may remove Content that is confidential, sensitive or proprietary to a third party without that third party's permission.

16. LINKS TO OTHER WEBSITES

When you access a Site other than our Site, please realize that it is independent of us. Linking to any off-site pages is at your own risk. We make no warranties or representations about any website other than our Site and have no responsibility or liable to you for such websites or their content. In addition, certain third party websites may also provide links to our Site. None of such links should be deemed to imply that we endorse such third party websites or any content therein.

17. ACCURACY, COMPLETENESS AND TIMELINESS ON INFORMATION ON THIS SITE

We are not responsible if Content made available on this Site is not accurate, complete or current. The Content on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the Content on this Site is at your own risk. This Site may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time (including after you have submitted your order), but we have no obligation to update any Content on the Site. You agree that it is your sole responsibility to monitor changes to the Site.

18. INDEMNITY

You agree to promptly defend, us and any other member of The Swatch Group and our and their respective directors, officers, employees, agents, licensors, service providers, subcontractors, suppliers and representatives (collectively, the “Indemnified Parties”) harmless from and against any and all claims, losses, liabilities, damages, costs and expenses, including reasonable attorneys' and professionals’ fees and court costs as incurred, (collectively, starting with the word “losses” “Claim”) in any way arising from, related to or in connection with: (i) your use of the Site, (ii) your violation of these Terms of Use or any additional rules, policies, guidelines or terms of use posted for a specific area of the Site or Content on the Site, (iii) the Content that you Share, or (iv) your violation or infringement of any third party rights, including intellectual property rights. You shall not, without the prior written consent of the Indemnified Parties, settle or compromise any Claim, or permit a default or consent to the entry of any judgment in respect thereof, unless such settlement, compromise, or consent includes, as an unconditional term thereof, the giving by the claimant to the Indemnified Parties an unconditional release from all liability in respect of such Claim. The Indemnified Parties reserve the right, at its/their own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to fully cooperate with the Indemnified Parties in the defense of such matter.

19. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE SITE AND ALL CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING BY US. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OR THE CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, OUR OR OUR THIRD PARTIES’ SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM US OR ON OUR BEHALF ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE INDEMNIFIED PARTIES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, OR FROM ANY CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING BY US.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

20. TERMINATION OF USE

We may, in our sole discretion, at any time discontinue providing or limit access to the Site, any areas of the Site or Content provided on or through the Site. You agree that we may, in our sole discretion, at any time, terminate or limit your access to, or use of, the Site or any Content. Without limiting any of the foregoing, we may terminate or limit your access to or use of the Site if we determine, in its sole discretion, that you have infringed the rights of a third party. You agree that we shall not be liable to you or any third-party for any termination or limitation of your access to, or use of, the Site or any Content provided on or through the Site, including Content that you may have Shared. You understand, acknowledge and agree that you are personally liable for any orders that you place or charges or other liabilities that you incur prior to termination and are fully responsible for all of our costs for collection, as incurred, of any such charges or other liabilities. Termination of your access or use will not waive or affect any other right or relief to which we or any other member(s) of The Swatch Group may be entitled, at law or in equity.

21. DISPUTE RESOLUTION - ARBITRATION, NO CLASS ACTIONS

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.

You and SGUS agree to be bound by the following procedure to resolve any and all disputes between us. This provision applies to all users of the Site and consumers to the fullest extent allowable by law. By accepting these terms, you and SGUS expressly waive the right to a trial by jury or to participate in a class action. This agreement is intended to be interpreted broadly. The arbitrator, and not any local, state or federal court, has the exclusive authority to resolve any and all disputes arising between us, including any dispute relating to the interpretation, scope, enforceability, or formation of this agreement to arbitrate, including but not limited to any claim that all or any part of this agreement to arbitrate is unenforceable. This Section covers any and all disputes between us (“Disputes”), including without limitation:

  • claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
  • claims that arose before this Entire Agreement or any prior agreement (including, but not limited to, claims relating to advertising);
  • claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
  • claims that may arise after the termination of this Agreement.

The only disputes that are not covered by this Section are the following:

  • a claim to enforce or protect, or concerning the validity of, any of your or SGUS’ (or any of SGUSs licensors’) intellectual property rights;
  • a claim related to, or arising from, allegations of theft, piracy, or unauthorized use of intellectual property; and
  • in addition, nothing in this Section shall prevent either party from initiating a small claims court action.

References to "SGUS," "you," and "us" include our respective subsidiaries, affiliates, corporate parents, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services under this or prior agreements between us. This agreement to arbitrate evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This agreement to arbitrate provision shall survive termination of these Terms of Use.

A. Informal Negotiations/Notice of Dispute. You and SGUS agree to first attempt to negotiate any Dispute informally for at least 30 days before initiating arbitration. Such informal negotiations commence upon receipt of written notice from one person to the other (“Notice of Dispute”). Notices of Dispute must: (a) include the full name and contact information of the complaining party; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought ("Demand"). SGUS will send its Notice of Dispute to your billing address (if you provided it to us) or to the email address you provided to us. You will send your Notice of Dispute to: Division Mido Customer Service, 1200 Harbor Boulevard, Weekhawken, NJ 07086; ATTENTION: Legal Department.

B. Binding Arbitration. If you and SGUS are unable to resolve a Dispute through informal negotiations within 30 days after receipt of the Notice of Dispute, either you or SGUS may elect to have the Dispute finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT BY THIS PROVISION, YOU AND SGUS ARE FOREGOING THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be administered by the American Arbitration Association ("AAA) under its Commercial Arbitration Rules and, where appropriate, its Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, or if you send SGUS a notice to the Notice of Dispute address above indicating that you are unable to pay the fees required to initiate an arbitration, then SGUS will promptly pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, and shall provide a statement of reasons if requested by either party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. You and SGUS may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

C. Restrictions. You and SGUS agree that any arbitration shall be limited to the Dispute between SGUS and you individually, regardless whether the relief sought is monetary or injunctive relief, and any relief awarded in arbitration shall be applicable only to you in your individual capacity. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) no Dispute shall be arbitrated on a class basis or utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or on behalf of any person other than yourself. YOU AND SGUS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and SGUS agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this agreement to arbitrate shall be null and void.

D. Location. If you are a resident of the United States, arbitration will take place at any reasonable location convenient for you. For residents outside the United States, arbitration shall be initiated in the County of New York, State of New York, United States of America, and you and SGUS agree to submit to the personal jurisdiction of that court, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

E. Recovery and Attorneys’ Fees. If the arbitrator rules in your favor on the merits of any claim you bring against SGUS and issues you an award that is greater in monetary value than SGUS' last written settlement offer made before written submissions are made to the arbitrator, then SGUS will:

  • Pay you 150% of your arbitration award, up to $5,000 over and above your arbitration award; and
  • Reimburse all of the filing, administration, and arbitrator fees that you paid to the AAA. Each party will be responsible for its own attorneys’ fees and related expenses (including expert witness fees and costs), but the arbitrator will have authority to award attorneys’ fees and expenses if such an award is available under applicable law. SGUS waives any right it may have to seek an award of attorneys’ fees and expenses in connection with any arbitration between us.

F. Limitation on Arbitrator’s Authority. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

G. Changes to This Provision. SGUS will not enforce material changes to this agreement to arbitrate against account holders absent express agreement to the changed terms.

22. APPLICABLE LAW AND JURISDICTION

The laws of the state of New York, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and SGUS; and to the extent applicable pursuant to Section 21, above, you expressly agree that the exclusive jurisdiction for any dispute shall be in New York County, New York, U.S.A., and you further agree and expressly consent (to the extent applicable pursuant to Section 21, above), to the exercise of personal jurisdiction in such courts in connection with any such dispute not precluded by Section 21 above including any claim involving SGUS or SGUS Affiliates, subsidiaries, corporate parents, contractors, vendors and content providers. To the fullest extent permitted by law, the controlling language, at all times, for these Terms of Use is English, U.S.A.

23. PERSONS NOT OF AGE OF MAJORITY

Persons who are not of the age of majority are not eligible to use the Site or Share Content, and we ask that no information or Content in relation to such persons be submitted to us.

24. NOTICE TO YOU

YOU PROVIDE YOUR AFFIRMATIVE CONSENT THAT WE MAY NOTIFY YOU, AT OUR DISCRETION, BY EMAIL, POSTAL MAIL, POSTINGS WITHIN THE SITE, OR OTHER LEGALLY ACCEPTABLE MEANS.

25. INFRINGEMENT NOTICE

We respect the Intellectual Property Rights of others and we expect our users to do the same. We will respond to clear notices of copyright infringement consistent with the Digital Millennium Copyright Act (“DMCA”).

If you believe that your work has been infringed in connection with the Site, please provide written notification via regular mail or via fax (not via email or phone) to our Copyright Agent (contact information below) that contains ALL of the following elements:

  1. A physical or electronic signature of the copyright owner or the person authorized to act on the owner's behalf;
  2. a description of the copyrighted work you claim has been infringed;
  3. information reasonably sufficient to locate the material in question on the Site;
  4. your name, address, telephone number, e-mail address and all other information reasonably sufficient to permit Mido to contact you;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
  6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner.

Before you file the notification, please carefully consider whether or not the use of copyrighted material at issue is protected by the “fair use” doctrine, as you could be liable for costs and attorneys’ fees should you file a takedown notice where there is no infringing use. If you are unsure whether a use of your copyrighted material constitutes infringement, please contact an attorney.

Copyright Agent. Our Copyright Agent for notice of claims of copyright infringement can be reached as follows:

The Swatch Group (U.S.) Inc., Division Mido Customer Service, 1200 Harbor Boulevard, Weekhawken, NJ 07086, Attn: Legal Department/Copyright Agent

By Fax: (201) 558 5029

By Phone: 1-888-293-9545

The Copyright Agent will not remove Content from the Site in response to phone or email notifications regarding allegedly infringing content, since a valid DMCA notice must be signed, under penalty of perjury, by the copyright owner or by a person authorized to act on his or her behalf. Please submit the notifications by fax or ordinary mail only and as further described by this section. The Copyright Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and that the infringement is occurring on the Site. All other inquiries directed to the Copyright Agent will not be responded to.

We are under no obligation to post, forward, transmit, distribute or otherwise provide any material available on this Site, including material you provide to us, and so we have an absolute right to remove any material from the Site in our sole discretion at any time.

26. ENTIRE AGREEMENT AND ADMISSIBILITY

These Terms of Use and any policies, statements, notices or operating rules (individually and collectively, starting with the term “Terms of Use”, the “Entire Agreement”) posted on this Site constitute the entire agreement and understanding between you and us with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of the Entire Agreement shall be admissible in judicial or administrative proceedings based on or relating to use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

27. MISCELLANEOUS

The waiver of any provision of the Entire Agreement shall not be considered a waiver of any other provision or of our right to require strict observance of each of the terms herein or therein. If any provision of the Entire Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Entire Agreement and shall not affect the validity and enforceability of any remaining provisions. Notwithstanding anything to the contrary, if the class action waiver of these Terms of Use is deemed unenforceable, the agreement of the parties to engage in arbitration shall likewise be deemed stricken. Except for the Indemnified Parties, there are no third party beneficiaries of these Terms Of Use. The Entire Agreement is personal to you and you may not transfer, assign or delegate them to anyone without our authorized representative’s prior express written permission. Any attempt by you to assign, transfer or delegate the Entire Agreement or any portion thereof without our authorized representative’s prior express written permission will be null and void. We have the right to transfer, assign and delegate the Entire Agreement to one or more third parties without your permission. Headings are purely for reference and shall not affect the meaning of any term or condition. All remedies set forth in the Entire Agreement are cumulative and in addition to and not in lieu of any other remedy of the Indemnified Parties at law or in equity. Without limiting any of the foregoing, contractual waivers will not apply in specific legal contexts where the waivers are unenforceable. Any provision which must survive to allow us to enforce its meaning shall survive termination.

28. ACKNOWLEDGEMENT

You acknowledge that the Entire Agreement is supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the generality of the foregoing, you acknowledge that such consideration includes your use of the Site and/or receipt of Content and services available at, via or through the Site.

Last updated June, 2016

Copyright © 2016 The Swatch Group (U.S.), Inc. and/or its affiliates/parents. All rights reserved.

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