TERMS OF SALE

 

Applicable from 1 November 2010

 

PREAMBLE
The Seller is engaged in electronic commerce and provides a service to sell products online on the website www.horloger-paris.com Buyers for consumers, not professionals.
ARTICLE 1 - DEFINITIONS
The terms used in these general conditions (hereinafter "Terms") shall have the meanings given to them below:
Buyer: individual purchasing products through the Site
 
Order: Purchase Order by Buyer with respect to one or more products and accepted by the Seller under Conditions
Cookie sent by a server applet from the World Wide Web to a user, sometimes without the knowledge of it, during a connection in order to characterize this user. By extension, information that the applet can save to disk of the user that the server can access it later
 
Email: computerized document a user enters, sends or consult delayed via a network.
 
Internet:global network combining the resources of computers and telecommunications servers and clients for the exchange of electronic messages, information and multimedia files. It works by using a common protocol that enables the delivery of messages to gradually cut into independent packages.
 
Part (s): Buyer and / or Seller
 
Product: although offered for sale on the Site by Seller
 
Website (Website or Website): Internet site accessible at http://www.horloger-paris.com on which the Seller proposes to sell the Products
 
Seller: SARL Les Champs d'Or / HBC / Watchmaker-paris.com, 6 Avenue Franklin D. Roosevelt 75008 Paris, Tel: 0033 01.40.76.02.02 SIRET: 40286442500010 RCS: Paris B 402 864 425, capital: 49000.00 EURO offering Products for sale through the Site.
 
ARTICLE 2- OBJECT
Conditions are intended to define the rights and obligations of the Seller and the Buyer in connection with the sale of products through the Site.
ARTICLE 3 - SCOPE
Conditions apply to all sales of Products by Seller to Buyer, conducted through the Site.
An Order will be taken into account by the Seller after prior acceptance of the Terms by the Buyer.

 

SECTION 4 - CONTROL
The buyer places his order through the Site.
All contract information is presented in French.
This information will be confirmed no later than the time of delivery.
Buyer have read the Terms before placing the order and acknowledges that the Order validation involves the acceptance of their terms.
The Purchaser further acknowledges that the conditions are made available in a manner that their conservation and reproduction pursuant to Article 1369-4 of the Civil Code.
The submissions made by the Seller on the site are valid until the product is marked available on the website.
To pass the Order, Buyer shall provide Seller with patient's information and complete an online form accessible from the Site.
The sales contract between the Seller and the Buyer is formed when the Buyer clicks the Submit button at the confirmation of his Order.
Until this final step, the Purchaser will have the opportunity to return to previous pages and to correct and amend its Order and the information provided previously.
A confirmation email acknowledging receipt of the Order and incorporating all this information will be sent to the Buyer as soon as possible.
Buyer must therefore provide a valid email address when completing the fields relating to his identity.
In the event that a product ordered by Purchaser is unavailable, the Seller will notify Buyer by e-mail when knowledge of such unavailability.
The Seller will then offer Buyer the opportunity to provide, in exchange for the product ordered, a product of quality and price equivalents.
In the case of a refusal of an alternative solution, this results in the cancellation of the Order and the reimbursement of the Buyer without delay and no later than thirty days, the price of this order if his bank account has been charged.
The cost of return will be borne by the Seller.

 

ARTICLE 5 - PAYMENT
Product prices shown on the pages of the Site are the prices including taxes and excluding the costs of preparing and shipping logistics.
Seller reserves the right to change prices for products featured on the site.
However, the Products will be invoiced to the Buyer on the basis of rates in effect at the time of validation of the Order.
The payment / deposit of the Order will be made when ordering, so immediate.
Payment methods accepted are:
The order of payment by credit card can not be canceled. Therefore, the payment of the Order by the Purchaser is irrevocable, without prejudice to the Purchaser to exercise its right of withdrawal or cancellation of subsequent Order.
TRANSFER OF OWNERSHIP OF THE PRODUCT TO BUYER WILL BE UNTIL THE COMPLETE COLLECTION OF PRICE PER SELLER.

Payment via Fia-Net / Receive & Pay:

As part of a settlement of your purchases through "ReceiveAndPay" means information relating to your order and your payment are subject to automated processing of data that the FIA-NET SA

This automated data processing purpose is to review and validation of transactional data required for the implementation of "ReceiveAndPay.

FIA-NET SAand technical partners involved in the functioning of 'ReceiveAndPay "are the recipients of the data related to your order.

The non-transmission of data related to your order prevents the analysis and implementation of a payment made via "ReceiveAndPay.

In accordance with the Data Protection Act of 6 January 1978, at any time, a right of access, rectification and opposition to all your personal data by writing a letter, with proof of your identity, FIA-NET - Data Protection Department - Treatment No. 1186887 - 39, rue Saint-Lazare, 75009 PARIS.
ARTICLE 6 - DELIVERY
The product will be delivered to the address specified by the Purchaser within the completed form in the Order.
Seller will put all its resources in place to deliver the product object of the Order within thirty days from the day following the validation of the Order.
In case of delayed delivery for acts attributable to the Seller following the shipment of the Product, the Purchaser may cancel the order and be reimbursed for the price of the product and the cost of return.
If the product is delivered after the cancellation of the Order, the payment will take place upon receipt by the Seller of the Product in its original condition.
If this period is exceeded by the Seller in connection with the shipment of the product, an email will be sent to the Buyer and the latter will have the option to cancel the Order and, if his bank account has already been charged, a refund of the price of the product within 30 days.
The return of the Product and refund the Buyer will be held as provided below in Section 7, "Cancellation - Revocation - Reimbursement."
ARTICLE 7 - CANCELLATION - RETURN - REFUND
The Buyer has the option to cancel the order upon the conclusion thereof.
In addition, the receipt of the Product by Buyer, it has a withdrawal period of 7 days, allowing it, without having to give specific reasons, to return the Product delivered without, however, the product is worn or broken seal. Note however that each product was analyzed by electron microscopy to detect any anomaly or attempted fraud upon return of the goods.
If the Buyer exercises this right of withdrawal within 7 days from receipt of the Product, the Seller agrees to reimburse the Buyer without delay and no later than thirty days from the date which the right has been exercised.
The return postage will be borne by the Purchaser.
To exercise these rights to cancel the Order and to cancel, the Purchaser shall visit the site to the Contact section and fill out the online form provided for that purpose.
A confirmation acknowledging receipt of the request for return must be sent by email.
ARTICLE 8 - WARRANTY
If the product received by the Purchaser does not comply with designated product within its control, this product will be replaced or repaired, according to the wishes expressed by the Purchaser, unless this wish involves a manifestly disproportionate to cost the other modality.
If the wish expressed by the Purchaser may not be completed within one month of its claim, or if such repair or replacement is impossible, the Purchaser shall have the right either to return the product and then be returned the price of the product if payment has already taken place, or to retain the product and not be reimbursed for a portion of the price.
In addition, without prejudice to its rights of withdrawal, cancellation and guarantee compliance above, the Purchaser receives the proceeds of the implied warranty as provided in sections 1641 to 1649 of the Civil Code.
These guarantees are made without cost to the Purchaser. The return postage will be borne by the Seller.
However, Seller is not responsible for the inadequacy of the Product to the needs of the Buyer which states have taken any information with any third party of his choice before the Order.
ARTICLE 9 - LIABILITY
Seller is automatically liable in respect of the Buyer for the proper execution of the Order.
However, the Seller's liability can not be held liable if he proves that the failure or improper performance of its obligations is attributable to the Buyer, the unpredictable and insurmountable a third party unconnected with the provision of the services Conditions, or a case of force majeure.
The Seller shall not incur liability for damages resulting from a fault of the Purchaser in connection with the use of the Products.
Seller is not responsible for non-property damage that could support the Buyer and its liability under an Order is in any event, limlitée the price of this Order.
ARTICLE 10 - INTELLECTUAL PROPERTY
All material published within the Site, such as sound, images, photographs, videos, writings, events, programs, graphics, utilities, databases, software is protected by the provisions of the Code of Intellectual Property and belong to the Seller.
The Purchaser agrees not to infringe intellectual property rights relating to such elements and in particular to reproduce, modify, adapt, translate, extract and / or reuse a qualitatively or quantitatively substantial in the exclusion acts necessary for their normal use and compliant.
ARTICLE 11-PERSONAL DATA
Buyer is informed that, while browsing and as part of the Order of the personal data concerning him are collected and processed by the Seller as a controller, including through an online form for ordering.
Buyer is informed that the Order can be passed if this form is not completed correctly.
This form contains an indication of the optional or mandatory fields to be filled.
The recipients of the data gathered will be SARL Les Champs d'Or / HBC / Watchmaker-paris.com, 6, Avenue Franklin D. Roosevelt 75008 Paris, Tel: 0033 01.40.76.02.02 SIRET: 40286442500010 RCS: Paris B 402 864 425 providers and society while respecting all the legal provisions in force.
This treatment must be reported to the Commission Nationale Informatique et Libertés under Law No. 78-17 of 6 January 1978.
This data is used to treat the order as well as to enhance and customize the services offered by the Seller.
Buyer is advised that their data can be transmitted to other companies, such as trading partners of the Seller and companies in charge of management controls.
The Purchaser is aware that Seller wishes to place a cookie on their computer to record information about the navigation of the Buyer on the Website and the information provided by Buyer through the online form, information intended to be well preserved.
The implementation of a cookie is to record this information so they can be read during subsequent visits to the Buyer on the Site and thus avoid the Buyer to complete the form provided at each these visits.
However, the Buyer has the right to oppose the registration of cookies on their computer and must comply with the instructions of your browser.
The Purchaser has the right to oppose, for legitimate reasons, such as personal data concerning him are subject to treatment.
He has the right to object, free of charge, that the data be used for marketing purposes, including commercial, by the Seller or the person responsible for further processing.
The Buyer, if he establishes his identity, has the right to question the Seller to obtain confirmation that personal data concerning him are or are not subjected to this treatment, information on for purposes of processing, the categories of personal data processed and the recipients or categories of recipients to whom the data are disclosed, where appropriate, information on transfers of personal data considered destined for a non-member State European Community, the communication in an accessible form of personal data concerning him and any available information on the origin thereof, of information to know and challenge the logic- the automatic processing where a decision taken on the basis thereof and producing legal effects in respect of the individual.
Buyer is informed that a copy of personal data can be issued upon request.
The Buyer, if it proves its identity, also has the right to require the Seller to be corrected, supplemented, updated, locked or deleted personal data concerning him which is inaccurate, incomplete, ambiguous, expired, or whose collection, use, disclosure or storage is prohibited.
To exercise this right, the Purchaser will send a letter to the Seller in his capacity as controller at the following address: SARL Les Champs d'Or / HBC / Watchmaker-paris.com, 6, Avenue Franklin D. Roosevelt 75008 Paris, Tel: 0033 01.40.76.02.02 SIRET: 40286442500010 RCS: Paris B 402 864 425, capital: EURO 49,000.00.
Where the Buyer so requests, Seller shall cause, at no cost to the Purchaser that he has made the required operations.
Buyer is informed that in case of dispute, the burden of proof lies with the Seller, except where it is disputed that the data were communicated by the Purchaser or with his consent.
It is also informed that he obtains a change of registration, the Purchaser is entitled to reimbursement of expenses for the cost of the copy above.
ARTICLE 12 - AGREEMENT ON EVIDENCE
It is expressly agreed that the Parties may communicate with each other electronically for the purposes of the Conditions, provided that technical security measures to ensure the confidentiality of data exchanged is in place.
Both Parties agree that the emails exchanged between them validly prove the content of their trade and, where applicable, their commitments, particularly regarding the transmission and acceptance of orders.
ARTICLE 13 - PARTIAL INVALIDITY
 
If one or more of the provisions of the Conditions were deemed illegal or invalid, such invalidity would not lead to invalidate other provisions of these Terms, unless those provisions are inseparable with the stipulation invalid.
ARTICLE 14 - APPLICABLE LAW
The Terms are governed by French law.

 

ARTICLE 18 - DISPUTES
The Parties agree that any dispute that may arise regarding the enforcement or interpretation of the conditions they seek to find an amicable solution.
In case of failure of this attempt to resolve the dispute amicably, the parties confers jurisdiction to adjudicate the dispute to the Tribunal de Commerce de Paris.