The present general Conditions of sale apply to the purchase of products of the brand OSSAU WATCH, manufactured and marketed by the company:SociétéPyrénéenned’Horlogerie (SPH) on the European website www.ossauwatch.fr. SPH is a French Limited company with a capital of EUR 20 000, with a registered office: 422 rue du Tumulus 64121 Serrescastet, France.Intra-Community VAT number is FR20482520715, Siret number: 48252071500038 telephone number: + 33 (0) 5 59 12 23 92.
CONDITIONS GÉNÉRALES DE VENTE
HANDMADE IN FRANCE... ET AVEC PASSION !
Article 1 – Purpose
The purpose of this contract is to define the terms of sale of the products marketed on the Www.ossauwatch.fr website (hereafter referred to as the “site”) between the company SPH (hereafter referred to as “the seller”) and any person aged 18 years old Or having the capacity to contract (hereafter referred to as “the customer”) and wishing to make a purchase for its strictly personal needs, to the exclusion of any professional or commercial purpose (hereafter referred to as “the Parties”). It is expressly agreed between the Parties that the general Conditions of sale in force on the day of purchase and accepted by the customer govern exclusively their relations. If a provision were to be lacking, it would be considered to be governed by the uses in force in the distance selling sector whose companies have their head offices in France. This contract is available in English and French.
The Parties agree that in the event of a contradiction between the different language versions, the French version will prevail.
Article 2 – Products presentation
2.1. Product Description
The products available for sale on the Site are represented by high quality photographs and accompanied by a description of their essential characteristics. The products are described and presented with as much accuracy as possible. However, the delivered items can sometimes have minimal differences, particularly hue, compared to the photographs of the Site given the computer technology.
The exact amount of shipping costs depends on the country to which the order is shipped. For more details on shipping per country, the customer is invited to consult the “Terms of delivery” section of the Site. The total price indicated on the last screen of the payment process as well as in the confirmation of receipt of the order includes the taxes and the shipping costs.
Article 3 – Order
3.1 – Ordering
The customer must follow different steps in order to order on the Site:
1. Choice of products
2. Adding products to cart
3. Checking/Modifying the Order
4. Choice of delivery and billing options
5. Acceptance of general Conditions of sale
7. Validation of command
8. Receiving the order confirmation.
The customer has the option of modifying his basket before final validation. The Client is bound by the order from the moment he checks the required box and clicks the “Complete order” button at the end of the order process. Through these last two actions, he agrees to approve the general terms and conditions of SPH. Once the order is registered, a confirmation message will be displayed automatically on the Site, indicating the order number and the details of the products purchased. After receipt by the seller of the order, the seller will send by e-mail to the customer a detailed acknowledgement of his order specifying the products ordered and the amount charged (including all taxes and shipping charges). This acknowledgement is acceptable on the part of the seller of the order placed by the customer. All orders are accepted by the customer of the prices and descriptions of the products purchased as well as the general Conditions of sale in force on the day of the order. For any outstanding order (in particular due to the quantities ordered or the place of delivery), the customer must contact the customer Service.
3.2 – Prior acceptance of the general conditions of sale
Any order made on the Site requires the consultation and the explicit and prior acceptance of the general conditions of sale by the customer via a check box on the acceptance window appearing during the order process before any payment. The customer can save and print the general terms of sale in effect on the day of his order via the acceptance window or via the “General Conditions” section of the Site. These general terms of sale can be changed at any time. However the general Conditions of sale applicable to an order are those in force on the day of the award of this order.
3.3 – Refusal or blocking of the order by the seller
In the event of any difficulty or dispute arising from a previous order, the seller reserves the right to block the customer’s order until the problem is resolved.
The seller may also refuse or cancel an order in the following situations:
• The customer’s bank details are unusable (incorrect or unverifiable),
• The payment was refused by the client’s bank or did not intervene in the Deadlines,
• The delivery address provided by the customer is incorrect or does not exist,
• The customer is presumed not to have the ability to contract or not to order for his or her personal needs,
• The price indicated contained a manifest error,
• The order is identified by the security systems as unusual or susceptible to fraud,
• The customer has breached these general terms of sale,
• Or for any other legitimate reason.
The seller will then be able to carry out additional checks and ask the customer for the documents or information necessary for the proper execution of his order. The seller will not be liable for any damages or expenses incurred as a result of this refusal or the order blocking.
3.4 – Product availability
Orders are only honored within the available stock limit. The offers and prices of the products are valid as long as they are visible on the Site when ordering by the customer, within the limit of the available stocks. In the absence of availability of a product after the order is made by the customer, the seller will inform the customer by e-mail as soon as possible. The amount of the order will be recalculated and the customer will be reimbursed the value of the products not available, or the entire amount of the order if it is completely unavailable, no later than 14 days after the payment of the sums paid by The Client. Cancellation of the order by the seller in case of unavailability of the products will not be entitled to any compensation for the customer. In the event of a product being unavailable, the seller can provide a property of equivalent quality and price if the customer agrees. The costs of return resulting from the exercise of the right of withdrawal relating to the substituted product shall, in this case, be borne by the seller.
Article 4 – Payment
4.1 – Currencies
For the territories of the European Union on which the seller agrees to deliver the goods, the orders are payable in Euros (€). If the customer’s local currency differs from the currency in which the prices appear on the Site, the customer’s bank will apply the exchange rate in effect on the date of the order (unless different exchange rate is applied discretionary by the client’s bank). Therefore, changing the country of delivery can change the price of the products given the change in currency.
4.2 – Terms of payment
The customer can pay his order on the secure payment server by Visa Mastercard and American Express credit card, indicating the number of his credit card, the expiration date and the last three digits on the back of the credit card. The customer’s account is debited as soon as the order is passed.
4.3 – Securing Payments
The vendor has set up a transaction-securing process to ensure the security, integrity and confidentiality of payments made through its Site. The credit card numbers are not kept in the seller’s system. At the time of purchase, the customer’s bank details and payments are encrypted using the secure Socket Layer (SSL) protocol as soon as they are entered by the client and until the end of the transaction.
No bank information about the Client passes through the Site and is not registered on a public server or on the vendor’s servers. The customer’s bank details will therefore be rerequested to each new order on the Site.However, the seller shall not be liable for damages resulting from acts beyond his control related to the use of electronic means of communication (failure or delay in transmitting electronic communications/data, Interception or manipulation of electronic communications by third parties and/or computer viruses).
4.4 – Reservation of ownership
The Seller has a full property of the products until the full payment of the products is received.
4.5 – Promotional Codes discount
Offers (promotional codes, coupons…) give the customer the right to an exceptional discount for the purchase of a single product or the order of several products during the period of validity. These offers are valid only during the period of validity and within the limits of the products and stocks available indicated on the offer concerned. Discount offers are personal, non-transferable to a third party in any way and can only be used for online purchase on the Site. Discount offers are not cumulative between them or with another special offer or promotion, unless otherwise provided in the offer. Discount offers are in no way redeemable for money. Discount offers are deducted from the amount of any tax included in the product concerned or from the order, excluding delivery costs which remain at the expense of the customer.
Article 5 – Delivery
5.1 – Place of delivery
Orders can be delivered worldwide.
We offer standard deliveries at €19.90 for any amount less than €1490 and for all destinations France and other European countries. Other destinations will be calculated on demand.
5.2 – Delivery times
From Monday to Friday, orders posted before 4pm (CET) are processed during the day. Orders posted after the above hours are processed from the first business day following the day of the order. Orders posted on Saturdays, Sundays or public holidays in France are processed on or after Monday or the first business day following. The delivery deadlines are expressed in working days and vary according to the destination (working days are the days actually worked in the company, which excludes Saturdays, Sundays and holidays). The delivery times are to be taken into consideration once the parcel has left our warehouse. Free deliveries only apply to standard deliveries unless otherwise stated on www.ossauwatch.fr.
5.3 – Delivery terms
The transport of the ordered products is entrusted to different carriers by the seller. The customer must sign the delivery voucher delivered to him by the carrier at the time of delivery. In case of inability to deliver the order to the customer (absence of the customer, incorrect or not found address, no communication by the client of the necessary access codes, impossible access to the place of delivery, etc.) The carrier shall deposit to the customer a notice of Passage indicating that he tried to deliver the parcel as well as the procedure to be followed to recover the parcel. More often than not, the carriers try again 2 to 3 times to deliver the parcel to the specified delivery address and/or indicate the point of deposit closest to the delivery address where the parcel can be withdrawn. If the order still cannot be delivered, the parcel is returned to the seller who will keep it for 30 days at the disposal of the customer. Orders can be delivered in a split way if, for example (but not exhaustively), certain products are unavailable. In this case, the seller will inform the customer by e-mail to the address provided to him when the order is made. A new delivery time for unavailable products will be offered by the seller to the customer who will be free to accept it or not. The seller will support the additional shipping charges that won’t be charged to the customer. In case of refusal of the new deadline by the customer, the seller will reimburse the customer of the products not delivered at the latest within 7 days after receipt of the written refusal of the customer.
5.4 – Check on delivery
At the time of delivery, the customer must check the products and their packaging in order to check whether the products are damaged or not.If the products are damaged, the customer must refuse the delivery and the product will be returned to the seller who willexchange the product or reimburse the entire price of the damaged products as well as the delivery costs within 7 days after receipt and registration of the return of the damaged products by the seller.
5.5 – Transfer of risk
The risk of loss or damage to the products ordered is transferred to the customer when the latter, or a third party designated by him, takes possession of the ordered products materially. However, the risks are transferred to the customer at the time of delivery (on the agreed date) if the customer, or a third party designated by him, clearly does not take the reasonable steps necessary to take the material possession of the ordered products.
5.6 – Order follow-up
When ordering, an order tracking number is communicated to the customer. This number allows him to have access to the information concerning the progress of the delivery of his order via the website of the carrier designated by the seller, in the space reserved for the follow-up of the parcels. The address of the carrier’s website is indicated to the customer in the confirmation mail of his order. The customer can also contact customer Service for any questions related to the follow up of his order.
Article 6 – Right of withdrawal
The customer has a period of 7 days from the day on which he takes material possession of the products ordered on www.ossauwatch.fr to return the products. The shipment of the products before the deadline must be proven (e.g. with the help of a mail receipt). If the last day of this period is a holiday, a Saturday or a Sunday, the period will end on the first working day following. The customer may return the ordered products without any indication of reasons, provided that the products are intact, complete, unstained, unsoiled, unwashed, unworn and in their original undamaged packaging. Rejected returns will be returned to the customer. In case of split delivery (several products ordered at once by the customer and delivered separately), the withdrawal period runs from the date of delivery of the last ordered product. When the product is composed of lots or several parts, the withdrawal period runs from the date of delivery of the last lot or the last part. The customer shall inform the seller of his decision to retract before the expiration of the withdrawal period by returning the products to the seller accompanied by the delivery order. The dispatch of the products before the expiration of the retraction period must be able to be proved (for example in the form of a postal receipt). For products on sale or promotion, the customer has a period of 5 days to return the products from the day he informed the seller. The seller will reimburse the customer the full price of the returned products, including the delivery costs (in standard mode), by means of payment used by the customer when ordering, as soon as possible and no later than 14 days Following the date on which the seller received the customer’s request for retraction and the products. The deadlines start to run when the seller receives the declaration of withdrawal or the products. In general, for the calculation of time limits, the day of receipt of the declaration or products is not taken into account. If the last day of the deadline coincides with a holiday, a Saturday or a Sunday, the time limit expires on the first working day thereafter. However, reimbursement will only be made when the returned products have been received by the seller.
Article 7 – Guarantees of conformity and hidden defects
The products are subject to the legal guarantee of conformity and the guarantee against hidden defects which allow the customer to return the products delivered defective or not complying with the order. The customer has a period of 2 years from the actual delivery of the product to enforce his rights under the legal guarantee of conformity. To do so, the customer informs the seller of the failure of conformity within 2 months from the date on which he found it. Unless otherwise noted, any defect in conformity which appears within 6 months after the actual delivery to the customer is presumed to exist at the time of delivery; after this period, the customer must report proof that the defect of conformity existed on the day of delivery of the product concerned. In the event of non-conformity of a product to the contract, the customer may request the repair or replacement of the product, or, if this proves impossible or disproportionate to the seller (for example, if the costs are excessive in comparison to a reduction in the price Or the resolution of the contract), an adequate reduction of the price with conservation of the product concerned or the total reimbursement with return of the product concerned to the seller (cancellation of the order is not possible in case of failure of conformity Minor). The customer also has an action resulting from the vices redhibitory (articles 1641 to 1649 of the French Civil Code) allowing him either to return the defective product and to be returned the price, or to keep it and to be reimbursed a part of the price. This action must be brought by the Client within 2 years from the discovery of the defect. In all cases, if the customer’s claim is justified and feasible, the seller, if any, will repair or replace the product concerned free of charge, offer an adequate reduction of the price or reimburse the customer for the entire purchase price of the product And the cost of delivery and return. Refunds are made by the payment method used by the customer when ordering, as soon as possible and no later than 14 days after the date on which the seller received the customer’s claim and the product. However, reimbursement will only be made when the returned product has been received by the seller. If the customer’s claim is not justified, the seller will inform the customer of the reasons for his refusal and the product shall, at the option of the customer, be made available to him in the shop of the seller or sent to the address communicated by the customer, at the customer’s expense, within 30 days of receipt by the seller of the product returned by the customer.
Article 8 – Commercial guarantees
When a product is covered by a commercial guarantee, the conditions of this special guarantee are stated directly in the description of the product concerned. The trade guarantees do not deprive the customer of his rights resulting from the legal guarantees of conformity and the aforementioned redhibitory defects or any other action of a contractual or extra-contractual nature recognized by the law.
Article L211-4 of the French consumer code
The seller is required to deliver a contract-compliant property and responds to defects in conformity that exist at the time of issuance. It also responds to defects in conformity resulting from the packaging, assembly instructions or installation when it was charged by the contract or was carried out under its responsibility.
Article L211-5 of the French consumer code
In order to comply with the contract, the property must:
1º be specific to the usual use of a similar property and, where applicable:
• Correspond to the description given by the seller and possess the qualities presented to the purchaser in the form of a sample or model.
• Present the qualities that a purchaser can legitimately expect in respect of public statements Made by the seller, by the producer or by his representative, in particular in the advertisement or the labelling.
2º or present the characteristics defined by common agreement by the parties or be specific to any special use sought by the purchaser, brought to the knowledge of the seller and which the latter has accepted.
Article L211-12 of the French consumer Code
The action resulting from the failure to comply is prescribed by two years from the issuance of the property.
Article 1641 of the French Civil Code
The seller is liable for the concealed defects of the thing sold which render it unfit for the use to which it is intended, or which so diminish this use, that the purchaser would not have acquired it, or would have given than a lesser price, if he had known them.
Article 1648 Al 1 of the French Civil Code
The action resulting from the redhibitory defects must be brought by the purchaser within two years after the discovery of the Vice.
Article 9 – Customer Service
For any questions regarding orders placed on the Site, the customer can contact the customer Service team
• By phone from Monday to Thursday from 9am to 6pm and Friday from 9am to 5pm (CET) to: France: + 33 (0) 5 59 12 23 92
• By e-mail to: firstname.lastname@example.org
• By mail – reply within 4 working days (+ delivery time by mail) – To:
OSSAU WATCH – Customer Service – 422 rue du Tumulus, 64121 SerresCastet, France
Article 10 – Personal data
Customer data is collected and processed by SPH through its server. The customer may consult the “Confidential Notifications” section of the www.ossauwatch.fr website in order to obtain details of the personal data policy and to be informed of the use of his personal data and the way in which they are Collected and secured. Customer data is communicated to the seller only for the purpose of executing their orders. This information is strictly confidential and is only intended for the seller and the companies designated by him to carry out the contract of sale. They are dealt with in strict compliance with the provisions of Law n ° 78-17 of 6 January 1978 relating to data processing, files and modified freedoms. In accordance with this law, the customer has a right of access, modification, rectification and deletion of the information that concerns him. The customer may exercise his right at any time with the customer service by giving his name, first name, address and e-mail address or by writing directly to:
OSSAU WATCH – Service Clients – 422 rue du Tumulus, 64121 SERRES CASTET, France
Article 11 – Proof and archiving of transactions
The customer and the seller agree that any digital item exchanged between them (data, information, files, dates and hours of connection to the Site…) constitutes admissible evidence, Valid, enforceable and probative. The seller ensures the preservation of the electronic documents relating to the orders for a period of 10 years from the time of the award of the order. The archiving is carried out on a reliable and durable support according to law in force. The customer can request access and/or a copy of the archived documents at any time by contacting the customer Service.
Article 12 – Liability
The seller shall be liable for damages caused to the customer as a result of the seller’s breach of his legal or contractual obligations. On the other hand, the seller’s liability cannot be incurred in the event of breach of his legal or contractual obligations attributable either to the unpredictable and insurmountable fact of a third party to the contract, or to a case of force majeure as defined by the French case law, either by the Client or by fault. Similarly, the seller’s liability shall not be incurred for any disadvantages or damages related to the use of the Internet, including an interruption of the availability of the Site, a breach of service, an external intrusion or the presence of Computer viruses, loss or alteration of data or files, or for consequential damages, whatever the causes and consequences. The Site may contain links to third party sites not published or uncontrolled by the seller, which therefore declines all responsibility for their content and the relationship that the customer may have with these third party sites.
Article 13 – Completeness and topicality of the general Conditions of sale
In the event that any of the clauses of this agreement would be null and void by a change of regulation or by a court decision, this shall in no case affect the Validity and compliance with the other provisions of these general Conditions of sale. The general conditions of sale applicable are those in force on the day of the sale.
Article 14 – Applicable law and jurisdiction
Subject to more favourable public order provisions of the law of the country in which the customer has his habitual residence, the present general Conditions of sale and the relations and/or disputes Resulting from the sales on the Site are governed by the French law. In the event of a dispute which has not been able to find an amicable solution, the action of the Client may be brought to the courts where the seller is domiciled.