LEGAL INFORMATION

General Terms & Conditions of Use 

1.        This Website is provided to you by PEGASUS AUTOMOTIVE GROUP SA, a company registered in Switzerland ("we", "our", "us" or "PMGA"). Our registered office is at Route de Saint Cergue 298, 1260 Nyon, Switzerland. Our commercial registry number is CH-550.1.086.618-7 and our UID/IDE/VAT number is CHE-400.530.292.

2.        Please read these General Terms & Conditions of Use (“General Terms”) and the Privacy Policy carefully.

The General Terms set out the basis on which you are allowed to use our Website and the Privacy Policy sets out the terms on which you allow us to collect and process your personal data. If you have any questions about the General Terms or the Privacy Policy, please contact us by phone (+41 22 363 80 10) or as indicated on the Contact Page. With your access to or your use of the Website you acknowledge and agree to these General Terms and to the Privacy Policy and consent to the terms as set out herein. Your access to and your use of the Website is conditioned upon your consent and if you do not agree with any provision of these General Terms or the Privacy Policy then you are not allowed to access or use the Website. The General Terms and the Privacy Policy are applicable in the current version at the time of your access to or your use of the Website.

3.        This Website is provided as a guide to our services and products. If you would like to inquire about our services or the purchase of our products, please contact us as indicated on the respective page or on the Contact Page.

4.        You, as the user of our Website (“you” “your” and “yourself”), may use our Website for your own personal non-commercial use only.

5.        Access to our Website is permitted on a temporary basis and we reserve the right to withdraw or amend the Website or any information and/or services provided thereon without notice. You are responsible for making all arrangements necessary to access this Website. You are also responsible for ensuring that all persons accessing our Website through your internet connection are aware of these General Terms and the Privacy Policy.

6.        You are not permitted to use, or cause or permit others to use, any automated system or software to extract content or data from our Website except in cases where you or any applicable third party has entered into a written agreement with us that expressly permits such activity.

7.        You acknowledge that we cannot guarantee that our Website will:
a) stay the same as we might change or remove it or make access to it subject to registration or charges;
b) be compatible with all or any hardware or software which you may use;
c) be available all the time or at any specific time;
d) be accurate and up to date; or
e) be error-free or free of viruses, electronic bugs, Trojan horses or other harmful components and you must take your own precautions accordingly.

8.        You also acknowledge that:
a) we cannot guarantee the speed or security of the Website; and
b) we will not be responsible for any damage or loss you may suffer directly or indirectly as a result of any virus or dDOS attack that can be traced to our Website or servers to the fullest extent permissible by law.

9.        We may from time to time vary these General Terms and/or the Privacy Policy without giving you prior notice. Please check our General Terms and Privacy Policy regularly to ensure you are aware of any variations we may make. If you continue to use our Website, you are deemed to have accepted such variations respectively the most current version of these General Terms and of the Privacy Policy. If you do not agree to any of the provisions of these General Terms or the Privacy Policy (including any variations thereof as the case may be) then you may not use our Website.

10. Regarding the collection and processing of your personal data please see our Privacy Policy .

11. You may need to register with our Website in order to use certain parts or functions of our Website. If applicable, your access to such parts of our Website is permitted on the condition that:
a) Only you use your username and password; and
b) You provide correct, current and complete information about yourself when registering.

12. If you breach any of these General Terms your account and ability to access and use your account may be terminated by us immediately without prior notice.

13. We may withdraw your access to the Website and/or your account at any time and for any reason and we will not be liable for any resulting loss or damage to the fullest extent permissible by law.

14. You may use our Contact Page to contact us to arrange to test drive a particular model/vehicle.

15. We cannot guarantee that every model of interest to you will be available to test drive at our dealership.

16. Please note that to qualify to test drive any model additional terms and conditions will apply. These terms are available upon request from our dealership.

17. Our dealership reserves the right to refuse a test drive to any applicant without reasons or notice being required and we will not be liable for any resulting loss or damage to the fullest extent permissible by law.

18. Our Website and all information, images, photographs and other content displayed on the Website (“Material(s)”) are protected by certain rights. These rights include all patents, rights to inventions, copyright and related rights, moral rights, trademarks and service marks, business names and domain names, goodwill and the right to sue for passing off or unfair competition, rights in designs and all other intellectual property rights, in each case whether registered or unregistered (“Rights”). These Rights either (i) belong directly to us or (ii) to the brand companies we represent or (iii) are licensed to us from their respective owners or licensors.

19. You may only view, print out and use the Website and the Materials for your own personal, non-commercial use. We expressly reserve all Rights in and to the Website and the Materials and your use of the Website and Materials is subject to the following restrictions. You must not:
a) remove any copyright or other proprietary notices contained in the Materials;
b) use any Materials from our Website in any manner that may infringe any of our Rights or the Rights of a third party; or
c) reproduce, modify, display, perform, publish, distribute, disseminate, broadcast, frame, communicate to the public or circulate to any third party or exploit our Website and/or the Materials in any way, including for any commercial purpose, without our prior written consent.

20. Any use of the Website or the Materials in a manner not expressly permitted by these General Terms may constitute an infringement of our Rights or the Rights of the respective owners or licensors. We, on our own behalf and on behalf of such owners and licensors, reserve the right to exercise all rights and remedies available in respect of any infringement of Rights in the Website or the Materials accessible on it.

21. We reserve all Rights in and to the www.prestigemotorgroup.ch domain name and all related domains and sub-domains, the name “Prestige Motor Group”, our logo and our service marks, brand names, trading names and/or trademarks appearing on the Website. Other trademarks, products and company names mentioned on the Website may be the trademarks of their respective owners or licensors and the Rights in such marks are reserved to their respective owners or licensors.

22. Nothing in these General Terms should be construed as granting any licence or right to use any such trademark, domain name or any other Right.

23. The information published on our Website is for general information purposes only and therefore you should not rely on it and we expressly exclude any liability for any loss or damage arising from your reliance on any information available on our Website to the fullest extent permissible by law.

24. We shall not be liable for any indirect, special, incidental or consequential damage or loss or for any business losses that you may incur, including but not limited to lost data, lost profits or business interruption due to information published on our Website or due to your use of our Website.

25. Vehicles advertised on our Website are not subject to direct sale via our Website. In case of any inquiries please use our Contact Page. Please note that any vehicles on our Website are advertised for a delivery in Switzerland only (additional shipping charges may apply).

26. You acknowledge that any use by you of the Materials in a manner not expressly permitted by these General Terms may mean that you are infringing our Rights or the Rights of our third party licensors and we and our licensors reserve all rights and remedies against you in respect of any such infringement.

27. You hereby agree to compensate PMGA, its group companies, its clients, associates and affiliates from and against any loss, cost, damage, expense or liability they may suffer as a result of:
a) your breach of these General Terms; and/or
b) your use of the Materials.

28. You may link to any page of our Website for non-commercial purposes, provided that you do so in a way that is fair and legal and which does not damage our reputation or take advantage of it.

29. You must not link to our Website in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

30. You must not remove, obscure or modify in any way any advertisements, copyright notice, or other information on our Website. Our Website must not be framed on any other site.

31. If you would like to link to our Website for commercial purposes or any purpose not included above, please contact us using the details set out in Sections 1 and 2 above.

32. We reserve the right to withdraw linking permission at any time and without notice.

33. Our Website and/or the Materials may contain links to third party websites. If you decide to visit any third party site, you do so at your own risk. We are not responsible for the content, accuracy or opinions expressed on such websites. Links do not imply that we are, or our Website is, affiliated to or associated with such sites.

34. Your browsing and interaction on any other website, including websites which have a link to our Website, is subject to that website’s own rules and policies. Please read those rules and policies before proceeding.

35. Whilst every effort has been made to ensure that the details of any pre-owned vehicles featured on our pre-owned site are up to date, PMGA is not responsible for the accuracy of such information and not warranty is made whatsoever as to the accuracy of such information. Any such information is for informational purposes only and does not constitute an offer to sell or a warranty of any kind.

36. Please contact our dealership to confirm vehicle details, status, availability and precise information on vehicle pricing, features, specifications, equipment and mileage details.

37. The details listed for pre-owned vehicles are not, and should not be construed as, an offer to sell and the dealership may always accept or reject your offer at its sole discretion. Prices, specifications and availability shown are indicative only.

38. If you have an enquiry or complaint about this Website, you should contact us as indicate on the Contact Page.

39. If any provision of these General Terms is found to be invalid for any reason, the invalidity of that provision will not affect the remaining provisions of these General Terms, which shall remain in full force and effect.

40. Failure by either of us to exercise any right or remedy under these General Terms does not constitute a waiver of that right or remedy.

41. To the extent permitted by applicable law, these General Terms are governed by and construed in accordance with Swiss law, without application of its laws of collision. To the extent permitted by applicable law, any dispute arising out of these General Terms or your access to or your use of the Website shall exclusively be submitted to the competent courts of Nyon, Switzerland.

42. The Materials contained on our Website may not satisfy legislative requirements in countries outside Switzerland. If you choose to access our Website from outside Switzerland you are responsible for ascertaining to what extent local laws are applicable and compliance with such laws.

This Privacy Policy informs you about how PEGASUS AUTOMOTIVE GROUP SA ("we", "our", "us" or "PMGA") collects and processes personal data related to your use of the website and your consent to such collection and processing. Please read it carefully as it contains important information pertaining to your rights and obligations. This Privacy Policy applies in addition to the General Terms & Conditions of Use.

PMGA is the data controller and determines the purpose and means of processing of your personal data collected via this Website. PMGA is committed to protecting your personal data and collects, processes and uses your personal data only as set out in this Privacy Policy and in accordance with the Swiss Data Protection Act (DPA) and any other applicable data protection laws.

With your access to or your use of the Website you acknowledge and agree to this Privacy Policy and consent to the processing as set out herein. Your access to and your use of the Website is conditioned upon your consent and if you do not agree with any provision of this Privacy Policy then you are not allowed to access or use the Website. The Privacy Policy is applicable in the current version at the time of your access to or your use of the Website. PMGA may change the Privacy Policy at any time without giving you prior notice.

Data collection and use

In general, you do not have to register in order to use our Website. Some services may require you to provide us with personal data. In these situations, if you choose to withhold any personal data requested by us, it may not be possible for you to gain access to certain parts of the Website and for us to respond to your query.

We will use the data collected for the purposes of

(1) enabling your use of our Website (e.g. to establish a connection);

(2) for internal, system-related purposes (e.g. such as technical administration and system security, or the detection, prevention and persecution of misuse);

(3) for statistical purposes (e.g. in order to enable us to tailor our Website more closely to your needs);

(4) to provide logins, online services or other additional services as applicable, and

(5) for support (e.g. related to inquiries or support requests) and for customer relations.

Server-log-files

As is common practice with many websites, we may log anonymously certain data, such as type and version of your browser, operating system used, referring URL, host name of accessing computer (IP address), time of the server request . This data is collected automatically and then analysed and processed anonymously by our web analysis software.

Cookies

This Website uses cookies. Cookies are small files which are stored on your hard disk, based on your browser preferences. Cookies are used in order to make our Websites work, as well as to provide us with information regarding the preferences of our visitors in order to enhance the visiting experience (web use analysis by Google Analytics, see below). You may at any time prevent the use of cookies by setting your browser preferences accordingly. Please note that if you do so, some parts of our Website may not function properly and you may not benefit from the enhanced browsing experience facilitated by the use of these cookies.

Our Website uses Google Analytics, a web analytics service provided by Google Inc., 1600 Amphitheatre Parkway Mountain View, CA 94043, USA (Google). Google Analytics uses cookies, i.e. text files stored on your computer to enable analysis of our Website usage by you. Information generated by the cookie about your use of our Website is usually transmitted to a Google server in the United States and stored there. In case of activated IP anonymization on this Website, however, your IP address is previously truncated by Google within member states of the European Union or in other states which are party to the agreement on the European Economic Area. Only in exceptional cases is a full IP address transmitted to a Google server in the United States and truncated there. On our behalf, Google will use this information to evaluate your use of our Website, compile reports about Website activities, and provide us with further services related to Website and Internet usage. The IP address sent from your browser as part of Google Analytics is not merged with other data by Google. You can prevent storage of cookies by appropriately setting your browser software; in this case, however, please note that you might not be able to fully use all functions offered by our Website. In addition, you can prevent data generated by the cookie and relating to your use of our Website (including your IP address) from being collected and processed by Google, by downloading and installing a browser plug-in from the following link: http://tools.google.com/dlpage/gaoptout?hl=en.

This Website uses Google Analytics with the extension "anonymizeIP()", IP addresses being truncated before further processing in order to rule out direct associations to persons.

Social media platforms

We offer plugins for various social media platforms you may like to participate in. We are not liable or responsible for any type of misuse by third parties of the personal data you disclose via social media platforms. We suggest that you familiarize yourself with the privacy notices of the respective social media platforms.

• Facebook plugins ("Like" button)

On our Website, plugins from the social network Facebook, provider Facebook Inc., 1 Hacker Way, Menlo Park, California 94025, USA, are integrated. You can recognize the Facebook plugins on the Facebook logo or the “Like” button on our site. An overview of the Facebook plugins can be found here: http://developers.facebook.com/docs/plugins/.

When you visit our Website, the plugin is used to establish a direct connection between your browser and the Facebook server. This provides Facebook with the information that you have visited our site with your IP address. If you click the Facebook "Like" button while you are logged into your Facebook account, you can link the content of our Website to your Facebook profile. This allows Facebook to associate the visit of our Website with your user account. We would like to point out that as a provider of the Website we do not receive any knowledge of the content of the transmitted data as well as its use by Facebook. For more information, see the Facebook privacy policy at http://www.facebook.com/about/privacy/.

If you do not want Facebook to associate the visit of our Website with your Facebook user account, please log out from your Facebook user account before visiting our Website.

• Instagram plugins

Functions of the Instagram service are embedded into our Website. These functions are provided by Instagram Inc., 1601 Willow Road, Menlo Park, CA 94025, USA. If you click on the Instagram button while you are logged into your Instagram account, you can link the content of our Website to your Instagram profile page. This means that Instagram can link your visit to our website with your user account. We point out that, as the provider of the Website, we have no knowledge of the content of the data transmitted nor of its use by Instagram.

You will find further information in the Instagram Data Privacy Statement: http://instagram.com/about/legal/privacy/.

• YouTube plugins

Our Website uses the provider YouTube, among others, to incorporate videos. YouTube is operated by YouTube LLC with its main office at 901 Cherry Avenue, San Bruno, CA 94066, USA. YouTube is represented by Google Inc. with its main office at 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.

When you view a page of our Website with such a plugin, this establishes a connection to the YouTube servers and the plugin is displayed. This transmits to the YouTube server which page(s) of our Website you visited. If you are logged in as YouTube member, YouTube associates this information with the respective personal user account. When the plugins are used, e.g., by clicking on the start button of a video, this information is also associated with the user account. You can prevent this association by signing out of your YouTube account and other user accounts of YouTube LLC and Google Inc. before using our Website and also by deleting the respective cookies.

Additional information on data processing and data privacy by YouTube (Google) can be found at http://www.google.com/policies/privacy/.

• Twitter plugins

Functions of the Twitter service are integrated on our Website. The plugins are identifiable by a Twitter logo (bird-outline/relief).

These features are offered by Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA. By using Twitter and the “Re-Tweet” feature, the websites that you visit will be linked to your Twitter account and shared with other users. This data is also transmitted to Twitter. We would like to point out that we as provider of the Website are not aware of the content of the transmitted data as well as its use by Twitter.

For more information, see Twitter’s privacy policy at http://twitter.com/privacy. You can change your privacy settings on Twitter in the account settings at http://twitter.com/account/settings.

Subscription to our newsletter

Subscribers to our newsletter receive information about new services and special offerings. Only basic personal data, such as your name and your email address, are needed for registration.

For verification purposes, we will send you a confirmation e-mail immediately after you have finished the registration process. During this process, we may also store your IP address and the date and time of registration. The personal data collected as part of your registration will be used for sending our newsletter to you.

Our newsletters contain tracking pixels which enable log file recording for aggregated statistical analysis of our newsletter campaigns (e.g., we may see whether and when an e-mail was opened, and which links in the e-mail were activated).

We use MailChimp providing us with e-mail marketing service. MailChimp is represented by The Rocket Science Group LLC, 675 Ponce de Leon Ave NE, Suite 5000, Atlanta, GA 30308 USA. We only store your e-mail address on Mailchimp for the sole use of email marketing services.

You may opt out of receiving any, or all, of these communications from us by contacting us via [■e-mail address■] or by following the unsubscribe link or instructions in any e-mail we send.

Contact form

If you choose to send us an enquiry regarding a specific vehicle on our Website, e.g. by using a special inquiry or contact function, the data entered into the respective form fields will be transmitted to us. You will be asked to provide limited personal data such as your name, e-mail address, phone number and a message you want to deliver to us. We will use such data to contact you and send you the information you requested and for such other purposes as communicated to you during the collection of such data. In connection with your request regarding your vehicle, the information and the personal data collected submitted may be transferred to Aston Martin Lagonda Limited, with registered office at Banbury Road, Gaydon, Warwick, CV35 0DB, United Kingdom, or Rolls-Royce plc, with registered office at 62 Buckingham Gate, London SW1E 6AT, United Kingdom. By submitting data on this Website, you provide your explicit consent to the use of the data in accordance with this privacy statement, including the transborder transmission of data collected on the Website for the fulfilment of your voluntary requests.

Security and disclosure

We safeguard the confidentiality and security of your personal data. Access to such personal data is restricted and we have implemented appropriate technical and organizational security measures to protect such personal data against loss, misuse, unauthorized access or modification, and unauthorized disclosure.

In general, PMGA uses the personal data collected only for its own purposes and discloses data only as follows:

(1) to its service providers (e.g., marketing, sales, telecommunications and IT) which process personal data under instruction and for the purposes of PMGA and in order to process a request involving services that are not or not exclusively provided by us (see in particular the section "contact form" above);

(2) PMGA may disclose anonymized data to third parties whereby such data is disclosed in a format that, to the best of PMGA's knowledge, does not enable such third parties to infer from the disclosed data any information as to the identity of the related persons;

(3) in exceptional cases (such as misuse, emergencies, if this is necessary to comply with a court order or a legal or regulatory requirement etc.) a disclosure of personal data may take place for other purposes, as provided for or allowed by applicable law;

(4) if disclosure of such personal data is reasonably connected to the sale or other disposal of our company or parts of it.

Third parties to which personal data may be disclosed may be located outside of Switzerland and in particular in countries that do not, as compared to the DPA, offer an adequate level of data protection. In such case PMGA will ensure an adequate level of protection by implementing appropriate measures.

Your rights

We will delete the personal data collected about you if all processing purposes have been fulfilled unless statutory retention obligations apply.

In case of any questions regarding this Privacy Policy or your personal data, please contact PMGA by phone (+41 22 363 80 07) or as indicated on our Contact Page. You have the right to request disclosure of the personal data relating to you that PMGA processes, to request correction of any incorrect personal data, restriction of access to, and or deletion of, such data. In case of deletions please note that the applicable record keeping and archiving regulations will have to be observed. Furthermore, if you believe that your rights granted by applicable data protection laws have been infringed, you may lodge a complaint with the competent data protection authority.