Welcome to the internet Website (« Web Site ») edited and published by Montblanc Simplo GmbH (hereinafter referred to as “MONTBLANC”) a company having offices at Hellgrundweg 100, 22525 Hamburg, Germany and registered on the Hamburg Commercial Register (Amtsgericht Hamburg) No. HRB 2905 and VAT No. DE 118607959.
Chief Executive Officer
Contact : E-Mail: email@example.com
Telephone: +49 40 84 001 0
Telefax: +49 40 84 001 300
Hosting service: Colt Telekom GmbH, Germany
TERMS AND CONDITIONS OF USE
Use of this Web Site is subject to the following terms and conditions (“Terms”). MONTBLANC may revise these Terms from time to time by updating this posting, with the revised Terms taking effect for all Users as of the date stated on the posting. Consequently, Users should consult the Terms regularly.
Please read these Terms carefully before using the Web Site. Users expressly acknowledge that they are aware of these Terms and have had access to the same upon entering the Web Site. Consequently, by using the Web Site, Users signify their assent and agreement to these Terms. If User does not agree to these Terms, then User is not authorised to continue consultation and access of the Web Site.
In generating web statistics, we use the Omniture SiteCatalyst web analytics solution by Adobe (“Site Catalyst”). SiteCatalyst gathers anonymous data that contributes to understanding and analysing our visitors’ browsing experience. These include, for example, relevant visitor information about referring domains, browser types used, operating system software (such as Windows XP as compared to Windows 7, for instance), screen resolution, colour function, plug-ins, language settings, cookie settings, search engine terms and Java Script activations. Moreover, SiteCatalyst documents the number of visits, the paths as well as the time spent on websites and web pages.
This information is only transmitted to us as accumulated data that expresses trends in the general use of the internet or particular websites, and is thus not personal data. As Omniture does not receive any personal information on our website’s visitors, an attribution, combination or connection of anonymous information with your data is not possible. If you do not want Omniture (or its subsidiaries) to gather and analyse session information about your visit, you have the opportunity to reject tracking by the 207. Net-Cookie (“Opt-out”): http://www.omniture.com/de/privacy/product#optout
Use of Materials on this Web Site
MONTBLANC has created this Web Site to provide information about its company and products for Users’ personal use. Users may download one computer copy or print one copy of the material on this Web Site for their own non-commercial, educational, private or domestic use only, provided that proprietary notices, in particular, intellectual property notices such as copyright, trademark are preserved in tact and are neither modified, nor deleted nor changed. Unless otherwise stated, Users should assume that everything they see or read on the Web Site (such as images, photographs, including any person represented in the photographs, illustrations, icons, texts, video clips, written and other materials) (“MONTBLANC ‘s Material”) are protected by legislation such as copyright, design and trademark legislation and under international treaty provisions and national laws worldwide.
Users are not authorised to sell, reproduce, distribute, modify, display, publicly perform, report or otherwise prepare derivative or second hand works based on or use any MONTBLANC Material in any way for any public or commercial purpose. Furthermore, MONTBLANC ‘s Material may not be displayed or communicated on any other web site, in a networked computer environment or other digital support for any purpose whatsoever.
In the event of breach of any of these Terms, Users’ permission to use MONTBLANC ‘s Material will automatically terminate and any copies made of MONTBLANC ‘s Material must be immediately destroyed. Any unauthorised use of MONTBLANC ‘s Material may infringe copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. ´
MONTBLANC does not authorise linking to its Web Site from a third party web site without its prior written authorisation.
Any unsolicited communication or material Users transmit to MONTBLANC via the Web Site or by electronic mail or otherwise, excluding personally identifiable data about themselves, including, but not limited to, any data, questions or answers, comments, suggestions, or the like will be treated as non-confidential and non-proprietary by MONTBLANC. By sending communications to MONTBLANC, Users automatically grant MONTBLANC a royalty-free, perpetual, irrevocable non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such communication(s) alone, or as a part of other works in any form, media, or technology whether now known of hereafter developed and to sublicense such rights to anyone. Anything Users transmit may be used by MONTBLANC and its affiliated companies for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting, or developing, manufacturing and marketing products using such information.
Furthermore, MONTBLANC enjoys a worldwide reputation for both the design and manufacture of high quality writing instruments, leather goods, watches, jewellery, eyewear, perfumes and other accessories. To this end, it possesses its own sources of creativity, in particular highly skilled teams of designers who conceive and perfect MONTBLANC ’s creations. As a result, MONTBLANC cannot agree to or accept being the receiver of unsolicited proposals of collaboration. Indeed, it is conceivable that MONTBLANC may already be working on similar ideas. Consequently, Users are advised that MONTBLANC is not interested in receiving ideas or other proposals they may wish to submit.
Any personal information you, as a User, make available to MONTBLANC is done so voluntarily, with your knowledge and consent when making a request, submission or registration for services from MONTBLANC. Registration forms contain both mandatory fields (indicated with an asterisk (*)) and non-mandatory fields; if you choose not to complete the mandatory fields then MONTBLANC may not be able to respond to your request or activate your option choices.
Personal information provided by you on the registration form will be made accessible to duly authorised MONTBLANC personnel and occasionally to persons or companies who carry out internal operations in relation to our business. All such persons are subject to confidentiality agreements and the respect of your privacy. The Personal information made available by you will be used to provide the requested services and may be used both for marketing research purposes relating to MONTBLANC ’s business and to provide information relating to its products and events.
Other than as stated above, MONTBLANC will not use your personal data for unsolicited communications and we do not sell, rent or otherwise make available any personal data submitted to us to any third parties unless it is to our legal advisors or where so required by law or a court decision. MONTBLANC will use its best endeavours to ensure that such data is kept secure at all times.
In all cases and on request, MONTBLANC will remove your personal information from its database thereby cancelling your registration to any of the MONTBLANC services. You are also advised that upon written request you may examine your personal data and/or request that information about you be corrected, amended or deleted.
To help us keep your information up to date, please let us know of any changes. If you have registered for an e-mail service you no longer wish to receive, you can opt-out through an automated service by following the instructions at the end of the e-mail.
All requests relating to your personal data as well as any request to cancel your registration for services offered by MONTBLANC should be e-mailed to:
firstname.lastname@example.org or sent to:
MONTBLANC Simplo GmbH
Data Protection Officer
The information on the Web Site is intended for general information purposes only. MONTBLANC tries to ensure that the information provided is accurate and complete. However, MONTBLANC does not warrant or represent that MONTBLANC ‘s Material is accurate, error-free or reliable or that use of MONTBLANC ‘s Material will not infringe rights of third parties. Use of the Web Site is at Users’ risk.
MONTBLANC does not warrant that the functional and/or technical aspects of the Web Site or MONTBLANC ‘s Material will be error free or that this Web Site, MONTBLANC ‘s Material or the server that makes it available are free of viruses or other harmful components. If use of this Web Site, or MONTBLANC ‘s Material results in the need for servicing or replacing property, material, equipment or data, MONTBLANC is not responsible for those costs. Without limiting the foregoing, everything on the Web Site is provided to Users “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, REASONABLE CARE AND SKILL, OR NON-INFRINGEMENT. MONTBLANC and its suppliers make no warranties about the MONTBLANC Material, software text, downloads, graphics, and links, or about results to be obtained from using the Web Site. Please note that some jurisdictions may not allow the exclusion of implied warranties, consequently some of the above exclusions may not apply.
In general, all trademarks, logos and service marks (collectively the “Trademarks”) which appear on this Web Site are registered and unregistered MONTBLANC trademarks or are licensed for use by MONTBLANC by third parties. Other trademarks are proprietary marks and are registered to their respective owners. Nothing contained on the Web Site should be construed as granting, by implication or otherwise, any license or right to use any trademark displayed on this Web Site without the written permission of MONTBLANC or such third party who owns the trademark. Misuse of any trademark displayed on the Web Site, or any other content on the Web Site, except as provided herein, is strictly prohibited.
All contents of this Web Site are either Copyright ©2006 – 2009 MONTBLANC or are licensed for use by MONTBLANC. All rights reserved. Please refer to the section of these Terms on Use of Materials on this Web Site above.
Links to other web sites operated by third parties not affiliated to MONTBLANC may be indicated on the Web Site. The inclusion of any link to such third party sites does not imply endorsement by MONTBLANC of those sites. MONTBLANC has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages or any other sites linked to this Web Site. Linking to any other off-site pages or third sites is at Users’ own risk.
Users agree that MONTBLANC may terminate Users’ access to and use of the Web Site if MONTBLANC reasonably believes that Users have violated or acted inconsistently with the letter or spirit of this Agreement, or violated the rights of MONTBLANC or any third party, or for any reason with or without notice to User. Users agree that MONTBLANC may modify or discontinue this Web Site, with or without notice to them. Users agree that MONTBLANC will not be liable to them or any third party as a result of such modification or discontinuation. The provisions entitled “Disclaimer,” “Limitation of Liability,” and “General Provisions” will survive termination of these Terms.
Limitation of Liability
Under no circumstances whatsoever shall MONTBLANC be liable for any loss arising out of or in connection with the use of information available from this Web Site whether direct or indirect including, without limitation, any liability relating to any loss of use, interruption of business, lost profits or lost data, or incidental, special or consequential damages of any kind regardless of the form of action, whether in contract, tort (including negligence) or otherwise, even if MONTBLANC has been advised of the possibility of such damages. Because some states and countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not be operable.
Unless otherwise specified, the information and materials in the site are presented solely for the purpose of promoting the products and services of MONTBLANC. MONTBLANC makes no representation that MONTBLANC ‘s Material is appropriate or available for use in every country of the world. Users use this Web Site at their own risk and are responsible for compliance with applicable local laws, keeping in mind that access to MONTBLANC ‘s Material may not be legal by certain persons or in certain countries. Our products are available in many parts of the world. However, this Web Site may describe products that are not available worldwide. Any cause of action a User may have with respect to this Web Site must be commenced within two years after the claim or cause of action arises. These Terms will be governed by and construed in accordance with the laws of Germany without regard to its conflicts of law provisions. All disputes will be submitted to the exclusive jurisdiction of the competent courts of Hamburg, Germany. The waiver by MONTBLANC of a breach of any provision of these Terms will not operate to be interpreted as a waiver of any other or subsequent breach.
Information on diamonds set on Montblanc products
The diamonds set on every Montblanc jewel-encrusted product have been purchased by Montblanc from legitimate sources not involved in funding conflicts and in compliance with the United Nations Resolutions / the Kimberly Process certification system (System of Warranties). Montblanc hereby guarantees that these diamonds are conflict free, based on personal knowledge and/or written guarantees provided by the supplier of these diamonds.
Black diamonds and coloured diamonds set on Montblanc products are of natural origin and have been treated resulting in a homogenous colour grading. The effects of this treatment are permanent and do not require special care.