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General Conditions of Sale

Article 1 – General provisions

1.1 – Identification of the Seller

The Seller is the company Carlingue Timepieces, a simplified joint stock company under French law with a share capital of 20,000 euros, registered under number 927 780 072, and whose head office is located at 46 avenue Villarceau, 25000 Besançon, FRANCE.

1.2 – Object

These General Conditions of Sale (hereinafter “GCS”) apply, without restriction or reservation, to all sales concluded by the company Carlingue Timepieces as defined in article 1.1 (hereinafter “the Seller”) to consumer customers, natural persons who act for purposes which do not fall within the scope of their commercial, industrial, artisanal, liberal or agricultural activities (hereinafter “the Consumers”) or non-professionals, i.e. -mean any legal entity which acts for purposes which do not fall within the scope of its commercial, industrial, artisanal, liberal or agricultural activity (hereinafter the “Non-professionals”) (hereinafter “The Clients or the Customer”), who acquire or wish to acquire the products offered on the site (hereinafter “the Products”).

These General Terms and Conditions apply to the Seller’s online sales website at the following address: https://carlingue-watches.com (hereinafter “the Website”).

These General Conditions of Sale apply to the exclusion of all other conditions, and in particular those applicable to sales through other distribution and marketing channels.

These General Conditions of Sale are accessible at any time on the Website and will prevail, where applicable, over any contradictory document.

These General Conditions of Sale may, at any time, be subject to modifications, it being specified, however, that the applicable General Conditions of Sale will be those in force on the date of the order.

The Customer declares to have read these General Conditions of Sale and to have accepted them by checking the box provided for this purpose before placing the order online.

1.3 – Pre-contractual information

The Customer acknowledges having been informed, prior to placing his order, in a readable and understandable manner, of these General Conditions of Sale and of all the information and information referred to in articles L111-1 and L221-5 of the Code of consumption, and in particular:

Article 2 – Offer – Products

2.1 – Description of the Products

The Products presented on the Website are offered for sale on French territory, the European Union as well as internationally and meet all the standards in force in France and the European Union for this type of product.

The characteristics of the Products and in particular their specificities and particularities, their size, their composition, their illustration, are presented on the Website.

There may be differences in resolution and quality between the on-screen preview and the delivered Product relating in particular to screen resolution, color conversion, light exposure, shooting , to the specific characteristics of IT. Minimal variations in the representation of the Products can neither engage the liability of the Seller nor affect the validity of the sale.

2.2 – Availability of Products

The Seller, once he has confirmed the order, undertakes to sell and deliver the Products that the Customer has ordered within the limits of available stocks.

In the event of a stock shortage, the Customer will be informed of the product availability date.

2.3 – Provisions specific to pre-sale Products

The Seller may organize pre-sales of Products.

A pre-sale campaign is a particular form of marketing of the Products, which consists of offering the Products for a lower price than that at which it would normally be set. In return, the Customer accepts a delivery time which deviates from the usual delivery times.

The Seller informs Customers that all or part of the Products are the subject of a pre-sale and of the duration or end date of the pre-sale campaign.

The deadline or shipping date for the Products subject to the pre-sale is specified on the Site, on the sheet for each Product subject to the pre-sale and during the order process.

The Customer, when placing an order for a pre-sale Product, therefore undertakes in full knowledge of the special conditions specific to each pre-sale campaign.

The Products, and in particular watches, may be produced in limited quantities.

The pre-sale is therefore limited in time and in number of Products.

The pre-sale campaign ends upon the occurrence of the first of these events:

Article 3 – Prices

All prices are given subject to obvious typographical errors.

Prices are subject to change at any time, particularly due to variations in all production and marketing costs borne by the Seller or special offers.

In the event of special offers, the Customer cannot complain about a change in price after his order even if the time between the special offer and his purchase is short.

The applicable price is that displayed on the Website at the time of the order.

The amount of VAT is calculated in relation to the rate in force on the day of the order.

Customs duties or local taxes may be requested upon importation into the country of destination. These rights and sums are the responsibility and are entirely the sole responsibility of the Customer.

3.1 – Provisions applicable only to watches

The prices displayed on the Website are expressed in euros, all taxes included and delivery costs included.

3.2 – Provisions applicable to any Product which is not a watch, including the parts making up watches

The prices displayed on the Website are expressed in euros, all taxes included and excluding delivery costs.

The total price mentioned during the order process includes delivery costs which are added to the price of the Product(s).
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Article 4 – Order

4.1 – Capacity to contract

The Client declares that he has the capacity to contract in accordance with the law and in particular articles 1128 et seq. of the Civil Code. He declares that he is an adult and is not under any protection regime, and in particular that he is not subject to guardianship.

The natural person who places the order in the name and on behalf of the legal entity Customer declares that he has the authority to bind the Customer.

4.2 – Order process

The Customer has the option of placing an order via a customer account, or by providing the aforementioned information without creating a customer account by ordering as a guest.

Placing an order assumes that the Customer provides all of the requested information (surname, first name, full delivery address, full billing address, telephone number, email address).

The recording of this data allows the identification of the Customer and the processing of their order.

Consequently, the Customer undertakes to complete this form completely and in good faith and to provide only accurate information.

The Customer reads all the information relating to the Products he plans to purchase.

To select the Product he wishes to purchase, the Customer must click on the “Add to Cart” button.

The Product is then automatically added to their basket and they can, if they wish, add others.

The basket is accessible at any time, by selecting the “my cart” section. This section displays all of the selected Products, their quantity, and their unit price.

The Customer checks his order, corrects any errors and validates the fact that he has read these General Terms and Conditions by checking the box “I have read the general conditions of sale and I accept them”.

Please note that the fact of the Customer checking the box “I have read the general conditions of sale and I accept them” before validating their order automatically entails express acceptance by them and without restriction or reservation of the these general conditions of sale. The Customer acknowledges, by this act, having read and understood these general conditions and accepts them.

The Customer validates his cart, and is redirected to a new page where he must choose his delivery method. If delivery costs are due, their amount is shown on this page.

In certain specific cases, it is possible that delivery costs cannot be automatically calculated and must be fixed on a quote. In such a situation, the Customer is invited to contact the Seller. The latter sends him a quote on delivery costs as quickly as possible.

Delivery costs are added to the price of the cart.

A final line sets the total price to be paid by the Customer.

The Customer who definitively validates his order is invited to pay the total price.

4.3 – Payment methods

The price is payable when placing the order.

The Customer makes payment by bank card (Visa, Mastercard, American Express, other bank cards) via the PAYPLUG payment platform.

The platform uses a secure payment system.

The Customer is invited to consult the General Conditions of the payment platform services for any additional information.

In the event of a payment incident, the order is not taken into account by the Seller. The Customer receives an email informing them of non-payment of the order.

4.4 – Order confirmation and cancellation

The sale will only be considered final after confirmation of acceptance of the order by the Seller has been sent to the Customer by email and after receipt by the latter of the full price.

The Customer must immediately notify the Seller on this occasion of any errors and/or omissions contained in this order confirmation.

The Customer will be able to follow the progress of his order on the Website.

Once the order has been placed, the Customer cannot cancel his order. Only the right of withdrawal can be exercised under the conditions set out below and once the order has been received.

Even after order confirmation, in accordance with the provisions of article L.121-11 of the Consumer Code, the Seller reserves the right to refuse the order if it is abnormal, placed in bad faith or for any other legitimate reason. and, in particular, when there is a dispute with the Client concerned and in the event of a previous dispute with the Client.

The order will be considered abnormal, particularly if the Seller suspects that it is placed with a view to reselling the Products to third parties.
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Article 5 – Delivery

5.1 – Delivery terms

The Customer can choose to have their order delivered to an address indicated during the order process, and in particular to their home or place of work.

Delivery is open worldwide. Delivery is carried out by the carrier Colissimo.

Except for pre-sale sales, the Seller ships the order within a maximum of five (5) working days from the time the order is placed.

For sales made in pre-sales, the Seller has communicated to the Customer before and during the order process, the dates on which the orders will be shipped. The Customer has accepted this shipping time.

To the aforementioned shipping time is added the delivery time to the address indicated by the Customer when placing the order.

The Seller undertakes to make its best efforts to deliver the Products ordered by the Customer within the deadlines specified above.

In the event of an event of an exceptional nature having the effect of slowing down or preventing delivery, the Seller will make its best efforts to inform the Customer of the status of the shipment of their package, but cannot be held responsible for delays. caused.

If the Products ordered have not been delivered to the Consumer within a maximum period of 30 days after the conclusion of the contract, for any reason other than force majeure, the sale may be canceled at the written request of the Customer under the conditions provided for in articles L.216-1, L.216-6, L.216-7 and L.241-4 of the Consumer Code, that is to say by registered letter with acknowledgment of receipt or by a written on another durable medium, if, after having ordered the Seller, according to the same terms, to make delivery or provide the service within a reasonable additional period, the Seller has not complied within this period. This provision is not applicable to pre-sales, the Customer being informed from the outset of the deadline or the expected date of shipment.

The sums paid by the Customer will then be returned to him at the latest within fourteen days following the date of termination of the contract, excluding any compensation or withholding.

In any event, on-time delivery can only occur if the Customer has communicated to the Seller exact information on the recipient’s contact details. In the event of an error, the Seller cannot be held responsible for the impossibility of delivering the goods at the required place and time.

The Customer undertakes to take delivery of the Products ordered by himself or by any third party he has mandated for this purpose. In the event that the carrier cannot deliver the order to the address indicated by the Customer, the Customer undertakes to collect the order from the collection point chosen by the carrier.
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5.2 – Complaints

In accordance with the provisions of article L.216-5 of the Consumer Code, the Seller leaves the Customer with a delivery slip upon taking possession of the Product, mentioning the possibility for the Customer to make reservations, in particular in case of Product defect.

The Customer must make a reasoned complaint, sent by registered letter with acknowledgment of receipt to the Seller.

He is also invited to indicate on the delivery slip and with the carrier any reservations (clear, precise and detailed reservations) and indicate all anomalies noted during delivery on the delivery slip.

The Customer is required to check the condition of the packaging as well as the condition of the Products.

The Customer must send any complaints to the Seller by post or electronically, stating the date and reference of the order.

The Product may be refused by the Customer, at no additional cost to the Customer, or returned to the Seller, with the Seller’s prior written consent, in perfect condition and in its original packaging. It will be exchanged, at no additional cost to the Buyer.

Any complaints can be made by email to the following address:

In the event of a delivery or exchange error, any product to be exchanged or refunded must be returned to the Seller in its entirety and in its original packaging, by Colissimo Recommandé, to the following address: 46 avenue Villarceau, 25000 Besançon, FRANCE.

Article 6 – Reservation of ownership

THE TRANSFER OF OWNERSHIP OF THE PRODUCTS FROM THE SELLER TO THE CUSTOMER WILL BE COMPLETED UPON FULL PAYMENT OF THE PRICE BY THE CUSTOMER.

THE PRODUCTS DELIVERED REMAIN THE PROPERTY OF THE SELLER UNTIL FULL AND EFFECTIVE PAYMENT OF THE PRICE IN PRINCIPAL, INTEREST, COSTS AND ACCESSORIES BY THE CUSTOMER (ACTUAL COLLECTION OF PAYMENT BY THE SELLER).

These provisions do not prevent, from the delivery of the Products to the Customer, the transfer to the Customer of the risks of loss and deterioration.

Article 7 – Right of withdrawal

The right of withdrawal only concerns Consumers, Non-professionals and professionals benefiting from the provisions of Article L221-3 of the Consumer Code, domiciled in the territory of the European Union.

Once the order has been received, the Customer has a 14-day withdrawal period allowing them, without having to provide any particular reasons, to return the Product(s) ordered.

In accordance with the provisions of Article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised in particular in the case of the supply of goods made to the consumer’s specifications or clearly personalized.

Therefore, engraved products cannot be subject to the right of withdrawal.

The Products must be returned in clean packaging, ideally original, complete and in perfect condition. The Product must be carefully placed in a package and arrive in perfect condition for resale, which means that the Customer must take the necessary steps to best protect the Product for its return transport.

Return postage costs will be borne by the Customer.

The Customer bears the risks associated with the return of the Product(s).Le Client supporte les risques liés au retour des Produit(s).

A package received crushed, damaged or with one of the advertised Products missing, crushed, degraded, damaged, or which has been used or worn will not be accepted and cannot be refunded.

Where possible, the Customer is requested to return the Product(s) accompanied by the invoice or invoice number or order number.

To exercise his right of withdrawal, the Customer must inform the Seller by sending an unambiguous message expressing his wish to withdraw.

Also, the Seller advises the Customer to use the withdrawal form made available to him by the Seller by following this link:

The Customer may inform the Seller of his wish to withdraw by any means and in particular:

A confirmation acknowledging receipt of this return request will be sent to him by email.

Returns must be made without undue delay and no later than fourteen days after sending the withdrawal form.
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If the Customer exercises his right of withdrawal within 14 days of receipt of the product, the Seller undertakes to reimburse the Customer without delay and at the latest within 14 days following the date on which he received the Products or within 14 days following receipt by the Seller of proof of shipment of the Products, the date retained being that of the first of these facts.

The refund will be made via the same means of payment as for purchase, unless otherwise agreed with the Customer. A Product that has benefited from a promotional advantage will be refunded at the price actually paid by the Customer.

Article 8 – Guarantees

8.1 – Legal guarantee of conformity

Consumer or Non-professional Customers benefit by right and without additional payment, independently of the right of withdrawal, from the legal guarantee of conformity, for Products which are apparently defective, damaged or damaged or do not correspond to the order.

It is recalled that within the framework of the legal guarantee of conformity, the Customer:

• Benefits from a period of two years from the delivery of the goods to take action against the Seller;
• May choose between repair or replacement of the Product ordered, subject to the cost conditions provided for in Article L 217-12 of the Consumer Code;
• Is exempt from providing proof of the existence of the lack of conformity of the Product during the twenty-four months following the delivery of the Product.

In the event of delivery, the shipping costs will be reimbursed on the basis of the invoiced rate and the return costs will be reimbursed upon presentation of supporting documents.

8.2 – Articles relating to the legal guarantee of conformity

Article L.217-3

The seller delivers goods that comply with the contract and the criteria set out in Article L. 217-5.

It is liable for any lack of conformity existing at the time of delivery of the goods within the meaning of Article L. 216-1, which appear within two years of delivery.

In the case of a contract for the sale of goods containing digital elements:

1° When the contract provides for the continuous supply of digital content or a digital service for a period of less than or equal to two years, or when the contract does not determine the duration of supply, the seller is liable for any lack of conformity of this digital content or this digital service which appears within a period of two years from the delivery of the goods;

2° Where the contract provides for the continuous supply of digital content or a digital service for a period exceeding two years, the seller shall be liable for any lack of conformity of this digital content or this digital service which appears during the period during which it is supplied under the contract.

For such goods, the applicable deadline does not deprive the consumer of his right to updates in accordance with the provisions of Article L. 217-19.

The seller is also liable, during the same time periods, for defects in conformity resulting from the packaging, assembly instructions, or installation when this has been placed at his expense by the contract or has been carried out under his responsibility, or when the incorrect installation, carried out by the consumer as provided for in the contract, is due to gaps or errors in the installation instructions provided by the seller.

This warranty period applies without prejudice to Articles 2224 et seq. of the Civil Code. The starting point for the limitation period for the consumer’s action is the day on which the latter becomes aware of the lack of conformity.

Article L.217-4

The property complies with the contract if it meets, in particular, where applicable, the following criteria:

1° It corresponds to the description, type, quantity and quality, in particular with regard to functionality, compatibility, interoperability, or any other characteristic provided for in the contract;

2° It is suitable for any special use sought by the consumer, brought to the attention of the seller at the latest at the time of conclusion of the contract and which the latter has accepted;

3° It is delivered with all accessories and installation instructions, to be provided in accordance with the contract;

4° It is updated in accordance with the contract.

Article L.217-5

I.-In addition to the criteria of conformity to the contract, the good is compliant if it meets the following criteria:

1° It is suitable for the use normally expected of a good of the same type, taking into account, where appropriate, any provisions of European Union law and national law as well as all technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;

2° Where applicable, it possesses the qualities that the seller presented to the consumer in the form of a sample or model, before the conclusion of the contract;

3° Where applicable, the digital elements it contains are provided according to the most recent version available at the time of conclusion of the contract, unless the parties agree otherwise;

4° Where applicable, it is delivered with all accessories, including packaging, and installation instructions that the consumer can legitimately expect;

5° Where applicable, it is provided with the updates that the consumer can legitimately expect, in accordance with the provisions of Article L. 217-19;

6° It corresponds to the quantity, quality and other characteristics, including in terms of durability, functionality, compatibility and safety, that the consumer can legitimately expect for goods of the same type, having regard to the nature of the good as well as to the public statements made by the seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or on labelling.

II.-However, the seller is not bound by any public declarations mentioned in the preceding paragraph if he demonstrates:

1° That he did not know them and was not legitimately able to know them;

2° That at the time of conclusion of the contract, the public statements had been rectified under conditions comparable to the initial statements; or

3° That the public statements could not have had any influence on the purchasing decision.

III.-The consumer may not contest conformity by invoking a defect concerning one or more particular characteristics of the good, of which he has been specifically informed that they deviate from the conformity criteria set out in this article, a deviation to which he has expressly and separately consented when concluding the contract.

Article L.217-6

When, during the contract, personal data is processed by the professional, a failure on his part to comply with the obligations incumbent on him under Regulation (EU) 2016/679 of 27 April 2016 and Law No. 78-17 of 6 January 1978 relating to information technology, files and freedoms, provided that this failure results in non-compliance with one or more of the compliance criteria set out in this section, is considered to be a lack of compliance, without prejudice to other remedies provided for by these texts.

Article L.217-7

Any lack of conformity which appears within twenty-four months of delivery of the goods, including goods containing digital elements, shall, unless proven otherwise, be presumed to have existed at the time of delivery, unless this presumption is incompatible with the nature of the goods or the defect alleged.

For used goods, this period is set at twelve months.

Where the contract for the sale of a good containing digital elements provides for the continuous supply of digital content or a digital service, any defects of conformity which appear are presumed to exist at the time of delivery of the good:

1° During a period of two years from the delivery of the goods, when the contract provides for this supply for a period of less than or equal to two years or when the contract does not determine the duration of supply;

2° During the period during which the digital content or digital service is provided under the contract, when the contract provides for this provision for a period exceeding two years.

Article L.217-8

In the event of a lack of conformity, the consumer has the right to have the goods brought into conformity by repair or replacement or, failing that, to a reduction in the price or to termination of the contract, under the conditions set out in this subsection.

The consumer also has the right to suspend payment of all or part of the price or delivery of the benefit provided for in the contract until the seller has fulfilled the obligations incumbent upon him under this chapter, under the conditions of Articles 1219 and 1220 of the Civil Code.

The provisions of this chapter are without prejudice to the award of damages.

Article L.217-9

The consumer is entitled to demand that the goods be brought into conformity with the criteria set out in subsection 1 of this section.

The consumer requests the seller to bring the goods into conformity, choosing between repair and replacement. To this end, the consumer makes the goods available to the seller.

Article L.217-10

The conformity of the good takes place within a reasonable period which cannot be more than thirty days following the consumer’s request and without major inconvenience for him, taking into account the nature of the good and the use sought by the consumer.

The repair or replacement of the non-conforming good includes, where applicable, the removal and recovery of this good and the installation of the repaired good or the replacement good by the seller.

A decree specifies the terms for bringing the property into compliance.

Article L.217-11

The conformity of the goods takes place at no cost to the consumer.

The consumer is not required to pay for the normal use he made of the replaced good during the period prior to its replacement.

Article L.217-12

The seller may not proceed according to the choice made by the consumer if the requested compliance is impossible or entails disproportionate costs, in particular with regard to:

1° Of the value that the good would have in the absence of a lack of conformity;

2° Of the importance of the lack of conformity; and

3° The possible possibility of opting for the other choice without major inconvenience for the consumer.

The seller may refuse to bring the goods into conformity if this is impossible or entails disproportionate costs, particularly with regard to 1° and 2°.

When these conditions are not met, the consumer may, after formal notice, pursue specific enforcement of the solution initially requested, in accordance with Articles 1221 et seq. of the Civil Code.

Any refusal by the seller to proceed according to the consumer’s choice or to bring the goods into conformity must be justified in writing or on a durable medium.

Article L.217-13

Any item repaired under the legal guarantee of conformity benefits from a six-month extension of this guarantee.

If the consumer chooses to have the repair carried out but the seller does not carry it out, compliance by replacing the goods starts a new period of legal guarantee of conformity attached to the replaced goods for the consumer’s benefit. This provision applies from the day the replacement goods are delivered to the consumer.

Article L. 217-14

The consumer is entitled to a reduction in the price of the goods or to termination of the contract in the following cases:

1° When the professional refuses any compliance;

2° When compliance occurs after a period of thirty days following the consumer’s request or if it causes major inconvenience;

3° If the consumer definitively bears the costs of recovery or removal of the non-compliant good, or if he bears the installation of the repaired or replacement good or the costs relating thereto;

4° When the non-conformity of the goods persists despite the seller’s unsuccessful attempt to bring them into conformity.

The consumer is also entitled to a reduction in the price of the goods or to the termination of the contract when the lack of conformity is so serious that it justifies the reduction in the price or the termination of the contract being immediate. The consumer is then not required to request the repair or replacement of the goods beforehand.

The consumer is not entitled to rescission of the sale if the lack of conformity is minor, which is the seller’s responsibility to demonstrate. This paragraph does not apply to contracts in which the consumer does not pay a price.

Article L.217-15

In the cases provided for in Article L. 217-14, the consumer informs the seller of his decision to obtain a reduction in the price of the goods.

The reduction in price is proportional to the difference between the value of the goods delivered and the value of these goods in the absence of the lack of conformity.

Article L.217-16

In the cases provided for in Article L. 217-14, the consumer informs the seller of his decision to terminate the contract. He returns the goods to the seller at the latter’s expense. The seller reimburses the consumer for the price paid and returns any other benefit received under the contract.

If the lack of conformity only concerns certain goods delivered under the sales contract, the consumer has the right to terminate the contract for all the goods, even those not covered by this chapter, if he cannot reasonably be expected to agree to keep only the goods which conform.

For contracts referred to in II of Article L. 217-1, providing for the sale of goods and, as an accessory, the provision of services not covered by this chapter, the consumer has the right to terminate the entire contract. Furthermore, in the case of a bundled offer within the meaning of Article L. 224-42-2, the consumer has the right to terminate all contracts relating thereto.

The respective obligations of the parties to the contract, mentioned in Article L. 224-25-22 and relating to the consequences of the resolution for digital content and digital services, are applicable to the resolution of the contract of sale of a good containing digital elements.

Article L.217-17

Reimbursement to the consumer of the sums owed by the seller under this subsection is made upon receipt of the goods or proof of their return by the consumer and at the latest within fourteen days thereafter.

The seller reimburses these amounts using the same means of payment as that used by the consumer when concluding the contract, unless expressly agreed by the latter and in any event without additional costs.

8.3 – Legal guarantee of hidden defects

Customers benefit automatically and without additional payment, regardless of the right of withdrawal, from the legal guarantee against hidden defects arising from a manufacturing, material or design defect affecting the Products delivered.

It is up to the Customer to prove that the defects existed at the time of sale of the goods and are such as to render the goods unfit for the use for which they are intended. This guarantee must be implemented within two years from the discovery of the defect.

The Customer may choose between the resolution of the sale or a reduction in the price in accordance with article 1644 of the civil code.

8.4 – Articles relating to the legal guarantee of hidden defects

Article 1641

The seller is liable for the warranty against hidden defects in the item sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them.

Article 1642

The seller is not liable for apparent defects of which the buyer was able to convince himself.

Article 1643

He is liable for hidden defects, even if he was not aware of them, unless, in this case, he has stipulated that he will not be obliged to provide any guarantee.

Article 1644

In the case of Articles 1641 and 1643, the buyer has the choice of returning the item and having the price refunded, or of keeping the item and having part of the price refunded.

Article 1645

If the seller knew of the defects in the item, he is liable, in addition to the restitution of the price he received for it, for all damages and interest to the buyer.

Article 1646

If the seller was unaware of the defects in the item, he will only be required to return the price and reimburse the purchaser for the costs incurred by the sale.

Article 1647

If the thing which had defects has perished as a result of its poor quality, the loss is for the seller, who will be liable to the buyer for the restitution of the price and for the other compensation explained in the two preceding articles. But the loss occurring by fortuitous event will be for the account of the buyer.

Article 1648

The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect. In the case provided for in Article 1642-1, the action must be brought, under penalty of foreclosure, within one year following the date on which the seller can be discharged from apparent defects or lack of conformity.

Article 1649

It does not take place in sales made by authority of justice.

8.5 – Commercial guarantee

The Seller does not provide any commercial guarantees other than legal guarantees.

8.6 – After-sales service

The Seller does not have an after-sales service within the meaning of Article L. 217-25 of the Consumer Code.

Article 9 – Liability – Force majeure

The Customer is responsible for the use he makes of the Product. He must use it with all the precautions that a reasonable person would take.

Except in the event of a breach by the Seller and in particular except in the event of a quality defect in the Product, the Seller shall not be held liable in the event of an incident linked to improper use of the Product or resulting from its transformation. Similarly, it shall not be held liable for the negligence of the Customer or any user of the Product, for placing the Product in a place unsuitable for its storage, for a change in the colour of the strap, for shocks suffered by the Product, etc.

The Seller and/or the Customer shall not be held liable in the event of non-performance of their obligations due to a case of force majeure, understood in accordance with Article 1218 of the Civil Code and the case law of the Court of Cassation.

Article 10 – Miscellaneous

10.1 – Nullity and independence of clauses

In the event that any of the terms of the General Conditions of Sale are considered illegal, annulled or unenforceable by a court decision, arbitration award or mutual agreement, the other provisions will remain in force provided that the general economy of the contract can be preserved.

10.2 – Tolerance – Waiver

No express or implied tolerance or inertia by either Party, due to a failure of the other in the performance of its obligations, may be interpreted or considered as constituting an agreement or acceptance of this breach and any other breach of the same or another type on the part of the defaulting Party.

No inertia by one of the Parties in the exercise of one of its rights may constitute a waiver of this right.

10.3 – Electronic exchanges

In application of articles 1365 et seq. of the Civil Code, the information provided by the Website is authentic between the parties.

Elements such as the time of receipt or transmission, as well as the quality of the data received will be authentic by priority as they appear on the Seller’s systems, or as authenticated by the Seller’s computerized procedures, unless written proof to the contrary is provided by the Customer. The scope of the proof of information delivered by the Seller’s computer systems is that which is granted to an original in the sense of a written paper document, signed by hand.

Article 11 – Intellectual property

The acquisition of the Products does not entail any transfer of intellectual property rights to the benefit of the Customer.

Any identical or similar reproduction of the Products constitutes an infringement.

Article 12 – Data protection and freedoms

The collection of personal data is necessary for the processing and delivery of the order, the management of the commercial relationship and the establishment of invoices.

The following information, necessary for processing the order, must necessarily be communicated to the Seller, the data controller:

Collection and storage are carried out in accordance with the legal provisions and regulations of all kinds concerning personal data in force, and in particular the amended Data Protection Act and the General Data Protection Regulation.

The data is processed for the purposes of orders and invoicing. Unless the Customer expressly refuses, he/she may receive the newsletter and/or commercial offers from the Seller. The Customer has the option to unsubscribe from these communications at any time by contacting the Seller.

Taking into account the Service Provider’s obligations, particularly legal and accounting ones, personal data relating to an order is retained:

Access to personal data will be strictly limited to employees of the data controller, authorized to process them due to their duties.

This data may be communicated to any partners of the Seller responsible for the execution, processing, management, delivery, invoicing and payment of orders and in particular to the accounting firm or the carrier.

The Customer is informed that he has the right to access, rectify, erase, limit and oppose the processing and the right to the portability of the personal data collected.

These rights may be exercised by sending a request by post or email to the Seller, the data controller, whose contact details are indicated at the top of these TCs.

The Customer is informed that in the event of communication by post, the processing time for the request may be longer due to the means of communication used.

The Seller reserves the right to request the presentation of a document proving the identity of the author of the request before allowing any access to the data.

Article 13 – Language of the contract – applicable law

These General Terms and Conditions are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be authentic in the event of a dispute.

These General Terms and Conditions and the operations resulting from them are governed by and subject to French law, which alone is applicable.

Article 14 – Dispute and applicable law

In the event of a dispute, the Customer will contact the Seller as a priority to find an amicable solution.

The Customer is informed that, in accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes with Consumers, he may resort to a conventional mediation procedure or any other alternative method of dispute resolution.

Only Consumer Customers have access to consumer mediation.

The Consumer Client must prove that they have previously attempted to resolve their dispute directly with the Service Provider before contacting the consumer mediator.

The Seller has joined the approved consumer mediator AME CONSO whose contact details are as follows: Association des Médiateurs Européens, 197 Boulevard Saint-Germain, 75007 Paris.

Any request for mediation may be made by mail to the address indicated above or by completing the form provided for this purpose on the AME CONSO website accessible at the following address: https://www.mediationconso-ame.com/demande-de-mediation-ame.html

The Customer can also go to the online dispute resolution website: http://ec.europa.eu/consumers/odr .

Failing this, the competent Courts are the French Courts in application of the rules of the Code of Civil Procedure.