These General Terms and Conditions of Sale are concluded between CHENEVEZ MONTRE, registered with the Belfort RCS under number 827 835 547, whose registered office is located at 310 avenue René Jacot, 25460 ETUPES (tel: +33 9 67 57 14 91 ) hereinafter referred to as "the Seller", and by any of age natural person having the capacity to contract and meeting the definition of consumer within the meaning of consumer law, located in France, hereinafter referred to as "the Customer" and placing an order on the Seller's website "www.creativwatch.fr" hereinafter referred to as " the Site ", for any of the customizable products proposed therein (hereinafter referred to as “the Products”).
These general terms and conditions of sale also apply to any sale made with a natural or legal person contracting as a professional or non-professional whose order is placed via the site or by any other means.
Our Company offers Internet users who connect to the previously mentioned site (hereinafter referred to as the "Site") the possibility of ordering customizable watches.
ARTICLE 1- PURPOSE-SCOPE
These General Terms and Conditions of Sale specify the methods for order, payment, delivery, and possible return of said Products and are applicable without restriction or reservation to all sales of Products concluded via the Site, for any delivery in metropolitan France, including Corsica and throughout the territory of the EuropeanUnion.
Any delivery to another country must obtain the prior and express agreement of the Seller.
These General Terms and Conditions of Sale are accessible at any time on the Site and prevail over any other version or other contradictory document.
These General Terms and Conditions of Sale may be amended at any time, provided that the applicable General Terms and Conditions of Sale are those in effect at the date of the Customer's order.
The validation of any order on the Site automatically entails the acceptance and application of the entirety of these General Terms and Conditions of Sale, to the exclusion of all others, whatever the terms and whatever the document on which they appear.
ARTICLE 2- ORDERS
2.1 Ability to contract
The Customer declares on their honour that they have the capacity to contract in accordance with the law and in particular with articles 1145 and following of the Civil Code, that they are not minors and not subject to a measure of protection, in particular guardianship.
2.2 Product Information
The Customer may freely consult the description of the Products and fill their shopping cart on the Site.
The main and generic characteristics of the Products are presented on our Site.
The Customer personalizes their watch by choosing from the options offered by the Seller.
The Customer can then fully personalize their watch by sending their own photo which will be used on the dial.
The photograph is subject to the written and express acceptance by the Seller.
The Customer declares on their honour that they own all the rights to the said uploaded photo and that said photo does not infringe on good morals and public order (e.g. child pornography, negationist images, logos, or xenophobic abbreviations etc ...)
The Customer must be the owner of the chosen illustration in the sense of intellectual property. They ensure that said illustration does not in any way affect the image of a third party.
The image used by the Customer must meet the specifications stated on the site with regard to its size and the number of pixels.
The Seller reserves the right not to honour an order in case of non-respect by the Customer of the preceding provisions or in case of legitimate reason as defined by the regulations (dispute relating to an earlier order, abnormal request by the Customer...).
In this case, the Customer is informed of the Seller's refusal and the Customer will have the choice between:
- Requesting the reimbursement of their Order, in which case the Customer's credit card will be re-credited within a maximum period of 30 days, or;
- Sending a new photo, again subject to acceptance by the Seller under the same conditions as those mentioned above.
2.3 Viewing the customized watch
The Customer can view the customized watch project online.
There may be differences in resolution and quality between on-screen rendering and the actual rendering after the creation of the watch related in particular to screen resolution, colour conversion and specific computer characteristics. Minor variations in the representation of the Products can not engage the responsibility of the Seller or affect the validity of the sale.
2.4 Order Process
To place an order, the Customer must follow the process applicable on the Site.
The ordering process assumes that the Customer provides all the requested information (name, first name, complete 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.
Accordingly, the Customer undertakes to complete this form in full and in good faith and to provide only accurate information.
The Seller reserves the right, without prior notice, to cancel or refuse any order and / or permanently refuse access to the Site to a Customer who has provided incomplete, inaccurate information or information which could create any risk for the Seller.
To select the Product they wish to buy, the Customer must click on the button «Add to Shopping Cart ».
The Product is then automatically added to their Shopping Cart to which they can also add other Products.
The Customer can consult their Shopping Cart at any time by clicking on the icon "My
Shopping Cart"; the page automatically displays all the selected Products, their quantity, their unit price and the total price.
On this same page, the Customer will have the possibility of correcting any errors before definitively validating their order and formally expressing their acceptance by clicking on the "Validate" icon.
2.5 - Order confirmation
The Seller confirms the receipt of the order placed by the Customer by email at the address indicated during the ordering process and this as soon as possible.
The confirmation email contains a summary of the order placed by the Customer, including the identification of the Products ordered, their price, their methods, and dates of delivery.
The Customer shall notify the Seller immediately of any errors and / or omissions contained in this order confirmation.
All consequences of an incorrect or false address are the sole responsibility of the Customer.
Even after the confirmation referred to in the article, in accordance with the provisions of article L 221-13 of the Consumer Code, the Seller reserves the right to refuse the order if it is abnormal, passed in bad faith or for any other legitimate reason and, in particular, where there is a dispute with the Customer concerned and / or when the image chosen is not in compliance.
2.6 Conclusion of the sales contract
To finalize their order, the Customer must choose the delivery methods of their order, after having taken note of the deadlines and prices of each of the delivery methods proposed and indicated on the page.
It is to be remembered that the fact that the Customer ticks the box "I have read the general terms and conditions of sale and I accept them" before validating their order automatically entails the express acceptance by them, without restriction or reservation, of these general terms conditions of sale. The Customer acknowledges, by this act, to have read and understood the present general terms and conditions and to accept them.
The contract is concluded:
- After the Seller's sending to the Customer the confirmation of acceptance of the order and after collection by the Seller of the full price.
2.7 Promotion by the Seller
For the purposes of their promotion and the presentation of their achievements, the Seller is authorized to disseminate the image of the Customer's watch without offering it for sale.
The Customer may oppose such dissemination by way of a specific request.
ARTICLE 3 - PRICE
Invoices are drawn up using the current price on the Website (on the day of the order) Rates are in Euros and are inclusive of all taxes including VAT and excluding shipping costs.
They may be revised or completed at any time.
These changes will only apply to subsequent orders.
The corresponding price will be that in effect at the time of the order, as accepted by the Customer when validating their order.
The prices include the VAT rate applicable on the day of the order. Any change in the rate will be reflected in the prices of the Products after the effective date of the new applicable rate.
The costs of telecommunication inherent to the access to the Site remain the exclusive charge of the Customer.
All prices are provided subject to obvious typographical errors.
The price of the Product does not include any delivery charges or additional charges which are indicated to the Customer during the process of validation of the order and before the confirmation by the Customer of said order.
ARTICLE 4 - TERMS OF PAYMENT
The price is payable by the Customer in cash and in full on the date of placing of the order, by secure electronic payment and according to the following modalities:
- Credit cards: Visa, MasterCard, American Express, other credit cards,
- by PayPal.
The payment data is exchanged in encrypted mode using Secure Socket Layer (SSL) and 3D Secure encrypted protocol.
The debit of the Customer's credit card will occur at the time of confirmation of the payment transaction made by the Customer in the secure payment environment integrated into the Site by the financial partner of the Seller.
The Customer therefore authorizes in advance their bank to debit their credit card upon transmission of the records or statements transmitted via said secure environment, even in the absence of invoices signed by the holder of the credit card.
If for any reason whatsoever (opposition, refusal of the issuing centre ...), the debit of sums due by the Customer would prove impossible, the process of purchase on the Sitewill be cancelled.
In the case of sale to a professional, the terms of payment are defined at the time of the
ARTICLE 5 - TRANSFER OF PROPERTY
The transfer of ownership of the Seller's Products will occur upon full payment of the price by the Customer.
The Products ordered by the Customer remain the property of the Seller until payment in full of the amount of the order (including delivery costs).
ARTICLE 6 - DELIVERY
The Products ordered will be delivered in metropolitan France and the countries of the European Union within 15 days from the dispatch of the order.
For any other country, the possibility of delivery and delivery times are determined at the time of the order.
To the specified shipping time must be added processing time and forwarding time to the address indicated by the Customer when they purchased or ordered.
The Seller undertakes to make their best efforts to deliver the Products ordered by the Customer within the above-specified deadlines.
Should an event of an exceptional nature arise which has the effect of slowing down or preventing delivery, the Seller will make their best efforts to inform the Customer of the condition of the shipment of their parcel, but cannot be held responsible for delays caused.
With a consumer customer and if the Products ordered have not been delivered within 30 days after the conclusion of the contract, for any reason other than the force majeure, the sale can be cancelled at the Customer's written request in the conditions laid down in Articles L 216-2 L216-3 and L241-4 of the Consumer Code, i.e. by registered letter with acknowledgment of receipt or in writing on other durable form if, after the Seller has been instructed by the same terms to effect delivery or provide the service within a reasonable period of time, the Seller has not executed within that period.
The sums paid by the Customer will then be returned to him within fourteen days of the date of termination of the contract, excluding any compensation or withholding.
In any case, delivery on time can only take place if the Customer has provided the Seller with accurate information on the consignee's address. In the event of error, the Seller cannot be held responsible for the impossibility of delivering the goods at the appropriate time and place.
ARTICLE 7 - TERMS AND COSTS OF DELIVERY
The price does not include delivery costs, customs duties are the responsibility of the Customer.
Deliveries are made to the delivery address indicated by the Customer.
The Customer is solely responsible for non-delivery due to a lack of indication or an error of address of delivery at the time of the order. Any problem of this type resulting in the need to make a new delivery will be invoiced to the Customer at the actual cost of the new delivery, and such delivery will be subject to the payment of these additional charges.
When ordering, the Customer can choose between the different types of delivery offered at the time of the order.
ARTICLE 8 - LIABILITY - COMPLIANCE
- In the event of partial or total loss or damage upon delivery: the Customer must make a reasoned claim, sent by registered letter with acknowledgment of receipt to the customer service department, within 48 hours of receipt of the Products ordered. They must also express any reservations to the carrier (clear, precise, and detailed observations) and indicate any discrepancies found on the delivery note upon delivery.
- In case of non-conformity of the Product delivered with the order, The Customer is responsible for checking the condition of the packaging as well as the Products.
The Customer must send the Seller any claims by post or electronic means with a reminder concerning the date and reference number of the order.
- In case of proven non-compliance The Product may be refused by the Customer at no extra charge to the Customer, or returned to Customer Service, with the prior written consent of the Seller, in perfect condition and in its original packing and packaging. It will be exchanged at no extra cost to the Customer.
8.2 Legal Warranty
It is to me remembered that in accordance with the provisions of Articles L. 211-1 and following of the French Consumer Code, the Customer Consumer is entitled to the statutory guarantee of conformity and legal warranty against latent defects arising from a defect in material, design or workmanship affecting the Products delivered and rendering them unfit for use.
Reminder of legal provisions:
When acting on the basis of the legal guarantee of conformity contained in articles L.217-4 to 217-13 of the Consumer Code, the Customer:
- has a period of two years from the delivery of the goods to act;
- may choose between repairing or replacing the goods, subject to the cost conditions laid down in Article L. 217-9 and following of the French Consumer Code;
- is exempt from reporting proof of the non-conformity of the goods within twentyfour months from the delivery of the goods.
The legal guarantee of conformity, in respect of which our Company cannot exonerate itself or limit its scope, applies independently to any commercial guarantee.
If the action based on the guarantee of the hidden defects of the thing sold is brought within two years of the discovery of the hidden defect by the Customer under the conditions provided for in articles 1641 to 1649 of the Civil Code, they may request either the cancellation of the sale or a reduction of the sale price in accordance with article 1644 of the Code.
To provide complete information, the articles of the Civil Code relating to the guarantee of conformity are appended to these General Terms and Conditions of Sale.
The Customer may choose between returning the Product and being reimbursed for the sale price and related costs or retaining the Product and being reimbursed a part of the price, subject to the cost conditions provided for by article L 217-9 of the Consumer Code.
In case of delivery, the shipping costs will be refunded based on the invoiced rate and the return costs will be refunded on upon presentation of the appropriate supporting documents.
The Professional Customer benefits only from the guarantee concerning hidden defects.
In addition to the legal guarantees of conformity and hidden defects mentioned above, the Products purchased on the Site may benefit from commercial guarantees under the conditions defined below.
The Products have the following commercial guarantees:
- Guarantee covering defects in material or workmanship for a period of one yearfrom the date of purchase.
To benefit from these guarantees, the Customer must make a formal request to the Seller including their proof of purchase.
In any case, the Products must be returned, if necessary accompanied by a copy of the guarantee certificate.
The guarantee certificate must include the Seller's stamp and the date.
Under the terms of the guarantee, the Seller shall repair or replace the Product found to be defective by an identical or similar Product.
The guarantee does not cover the following items: battery, case finish, bracelet, buttons or watch winders.
The Seller draws the Customer's attention to the fact that any defect, breakage, or deterioration of the Product resulting from the Customer’s abnormal use of the Product, i.e. any use that is not in conformity with the instructions of use, cannot give rise to the application of one of the legal or commercial guarantees.
ARTICLE 9 - LIABILITY
All Products comply with the standards applicable in France. The Seller cannot be held liable in the event of:
- Non-compliance with the legislation of the country where the Products are delivered, this being the Customer's responsibility to check,
- in the event of misuse, use for professional purposes, negligence, or lack of maintenance by the Customer, such as normal wear and tear of the Product, accident, or force majeure.
The Seller's sole obligation, as concerns all the steps linked to accessing the Site, is an obligation of means from the order to the delivery.
The Seller cannot be held liable for any inconvenience inherent to the use of the Internet network, namely: service interruption, external intrusion, or the presence of computer viruses.
The Seller undertakes to implement means intended to ensure the security of the information that the Customer makes available to him via the Site. Nevertheless, the Seller cannot guarantee the absence of interception of messages transmitted by electronic means.
The hypertext links placed on the Site leading to other resources present on the Internet network cannot engage the responsibility of the Seller.
The photos on the Site have no contractual value and are subject to reserved rights.
ARTICLE 10 - INTELLECTUAL PROPERTY
The Seller retains ownership of all intellectual property rights concerning the customizable watch models.
The Customer shall therefore refrain from any reproduction or exploitation of the said models.
The content of the Site is the property of our Company and / or its partners and is protected by the rules relating to intellectual property. Any total or partial reproduction is strictly prohibited and may constitute an act of infringement.
ARTICLE 11 - DATA PROTECTION
The information and data concerning the Customer that have been collected for the purpose of the sale, are essential for the processing and delivery of orders, as well as for the preparation of invoices.
The Customer has a right of access, rectification and opposition, disappearance, portability of the personal data concerning him by simple mail sent to the Seller to creativwatch.fr.
The Customer may also obtain a copy of the personal data concerning him.
ARTICLE 12 - EXCLUSION OF THE RIGHT OF WITHDRAWAL
12-1 Exclusion from the Right to withdraw on Products personalized
According to the article L.221-28 3 ° of the code of the consumption, the right to withdraw cannot be exercised for the supply contracts of the properties(goods) made according to the specifications of the consumer or clearly personalized.
Of course the Customer will have no right to withdraw during the purchase of watches using images of the Customer.
12-2 Right to withdraw on Products "Catalogue"
For products "catalog" and products were personalized from our options, the Customer has the faculty to cancel his order from conclusion of this one and at the latest until the expiration of the deadline of retraction.
As from the reception of the product by the Customer, this one has a cooling-off period of 14 days, allowing him, without having to prove particular motives, to send back the product delivered "catalog".
If the Customer makes use of this right to withdraw for the deadline of 14 days as from the reception of the product, the Seller makes a commitment to pay off the Customer immediately and at the latest in 14 days according to the date in which he will have received Products.
The repayment will be made via the same means of payment as in the purchase, unless otherwise agreed with the Customer.
The mail expenses of return will be chargeable to the Customer.
To exercise his right to withdraw, the Customer has to inform the Seller by sending a message deprived of ambiguity via: the form of retraction or by mail mail at the address: CHENEVEZ show company, 310 avenue René Jacot, 25460 ETUPES or on the web site of the Seller " www.creativwatch.fr ".
A confirmation acknowledging receipt of this demand of return will be sent to him by e-mail.
The returns are to be made in their home state and complete accompanied with the invoice without excessive delay and, in any case, at the latest fourteen days after sending of the form of retraction
ARTICLE 13 - FORCE MAJEURE
The Parties shall not be held liable if the non-performance or delay in performance of any of their obligations as described herein arises out of a case of force majeure, as described in Article 1218 of the Civil Code.
ARTICLE 14 - LAW - DISPUTE SETTLEMENT
These General Terms and Conditions of Sale and the transactions resulting therefrom are governed by and subject to French law.
In case of dispute, the Customer will address first and foremost the Seller to find an amicable solution.
The consumer Customer is informed that he can resort in any case to a conventional mediation by addressing the mediator of the professional federation of the e-commerce and the remote sale ( FEVAD) by making on the site www.mediateurfevad.fr or the Customer can go on the site of the on-line regulation of the disputes http: //ec.europa.eu/consumers/odr.
Failing that, the competent Courts are the French Courts in application of the rules of the Code of the civil procedures if the Customer is a consumer and to the Commercial court of Belfort when the Customer is a professional. The language of the contract is the French language. In the hypothesis of a translation of the present CGV in foreign languages, alone the French version is valid.
ARTICLE 15 - CUSTOMER ACCEPTANCE OF PRECONTRACTUAL INFORMATION
The Customer acknowledges that prior to the immediate purchase, the order, and the conclusion of the contract, the present General Terms and Conditions of Sale and all the information listed in Article L.221-5 of the Consumer Code have been communicated in a clear and comprehensible way.
- The essential characteristics of the Products, considering the communication medium used and the Products concerned;
- The price of the Products and related costs (delivery, for example);
- In the absence of immediate execution of the contract, the date or time at which the Seller agrees to deliver the Product;
- Information concerning the identity of the Seller, their postal, telephone and electronic contact details and their activities, if not already apparent from the context;
- Information on legal safeguards and how they are implemented;
- The functionality of digital content and, where appropriate, its interoperability;
- The possibility of resorting to mediation in the event of litigation;
- Information concerning the right of withdrawal (existence, conditions, deadline, modalities of exercise of this right and standard form of withdrawal), the expenses related to the return of Products and other important contractual conditions.
APPENDIX 1: ARTICLES OF THE CONSUMER CODE CONCERNING GUARANTEE OF CONFORMITY
The Seller delivers goods conforming to the contract and is liable for defects of conformity existing at the time of issue. They are also liable for any defects of conformity resulting from the packaging, the installation instructions, or the installation when this was placed under their responsibility by the contract or was carried out under their responsibility.
The property is in conformity with the contract:
(1) If it is suitable for the normal use expected of similar goods and, where appropriate:
- if it corresponds to the description given by the Seller and possesses the qualities which they have presented to the Buyer in the form of a sample or a model;
- if it presents the qualities that a Buyer can legitimately expect in view of public statements made by the Seller, the producer, or their representative, in particular through advertising or labelling;
(2) Or if it has the characteristics defined by mutual agreement by the parties or is specific to any special use sought by the Buyer, brought to the knowledge of the Seller and which the latter has accepted.
The Seller is not bound by the public declarations of the producer or their representative if it is established that they did not know them and was not legitimately able to know them.
Any defects in conformity which appear within twenty-four months from the date of issue of the goods shall be presumed to exist at the time of issue, unless proven otherwise. For second-hand goods, this period is set at six months. The Seller may challenge this presumption if it is not compatible with the nature of the goods or the lack of conformity invoked.
The purchaser is entitled to demand compliance with the contract. However, they cannot challenge compliance by invoking a defect they knew of or that they could not be unaware of when they entered into the contract. The same applies when the defect originates form materials that they themselves supplied.
In case of non-conformity, the Buyer chooses between repairing and replacing the goods. However, the Seller may not proceed following the choice of the Buyer if this choice entails a cost manifestly disproportionate with regard to the other option, considering the value of the property or the importance of the defect. They are then obliged to proceed, except in the case of impossibility, according to the option not chosen by the Buyer.
If the repair and replacement of the goods are impossible, the Buyer can return the goods and be reimbursed for the cost of the goods or keep the goods and be reimbursed for a part of the cost of the goods.
The same possibilities are available to them:
(1) If the solution requested, proposed, or agreed pursuant to Article L. 217-9 cannot be implemented
within one month of the Buyer's claim;
(2) Or if this solution cannot be implemented without major inconvenience to the latter, given the nature of the goods and the use that they seek. However, the resolution of the sale cannot be pronounced if the lack of conformity is minor.
The provisions of Articles L. 217-9 and L. 217-10 shall be applied at no cost to the Buyer. These same provisions do not preclude the award of damages.
Legal actions resulting from the lack of conformity lapse after two years from the delivery of the goods.
The provisions of this section do not deprive the Buyer of the right to take legal action resulting from defects that are prohibited by Articles 1641 to 1649 of the Civil Code or any other action of contractual or extra contractual nature which is recognized by the law.
Legal action for indemnity may be brought by the final Seller against the successive Sellers or intermediaries and the producer of the tangible personal property in accordance with the principles of the Civil Code.
APPENDIX 2: CIVIL CODE ARTICLES RELATING TO THE GUARANTEE COVERING
The Seller shall be liable for the hidden defects in the goods sold which render them unsuitable for the purpose for which they are intended, or which reduce the use to such a degree that the purchaser would not have acquired it, or would have paid a lesser price if they had known about them.
The Seller is not liable for apparent defects that the Buyer could have been able to see themselves.
The Seller is held responsible for hidden defects, even if they did not know about them, unless, in this case, they have stipulated that they will not be obliged to provide any guarantee.
In the case of articles 1641 and 1643, the Buyer has the choice to return the item and to have the price refunded, or to keep the item and to obtain a partial refund of the price.
If the Seller is aware of defects in the goods, they shall, in addition to returning the price they have received, be liable for all damages to the Buyer.
If the Seller is unaware of defects in the goods, they shall be obliged only to refund the price, and to refund to the Buyer the expenses incurred by the sale.
If the defective goods are destroyed due to their poor quality, the loss is for the Seller who will be obliged to refund the price to the Buyer as well as the other damages explained in the two preceding articles. But the loss by any fortuitous event will be the responsibility of the Buyer.
Legal action resulting from latent defects must be brought by the purchaser within the two years following the discovery of the defect. In the case provided for in Article 1642-1, legal action must be instituted, on pain of foreclosure, within one year following the date upon which the Seller can be discharged from their responsibility as concerns visible defects or non-conformities.
ANNEX 3: FORM OF RETRACTION
(Please complete and send the present form only if you wish to retract of the contract)
FIRST NAME: ....
EMAIL ADDRESS : ....
I notify you by the present email my retraction of the contract concerning the command(order) below:
Number of order : ...
Name of products : ...
INFORMATION CONCERNING THE EXERCISE OF the RIGHT TO WITHDRAW
Right to withdraw
You have the right to retract of the present contract without giving of motive within fourteen days.
The cooling-off period expires fourteen days later when yourself, or a third other than the carrier and indicated by you physically takes up the good.
To exercise the right to withdraw, you have to notify us your decision of retraction of the present contract by means of a declaration divested of ambiguity (for example, letter sent by post or electronic form) to CHENEVEZ MONTRE, 310 avenue René Jacot, 25460 ETUPES or on the site to www.creativwatch.fr You can use the form of retraction but it is not compulsory. If you use this option we shall send you immediately an acknowledgement of receipt of the retraction by e-mail.
So that the cooling-off period is respected, you just have to pass on your communication relative to the exercise of the right to withdraw before the expiration of the deadline of retraction.
Effects of retraction
In case of retraction from you, we shall pay off to you all the received payments from you without excessive delay and, in any case, at the latest fourteen days as from the day when we are informed about your decision of retraction.
We shall proceed to the repayment by using the same means of payment as the one that you will have used for the initial transaction, unless you agree expressly on a different way; in any case, this repayment will not cause expenses for you.
We can postpone the repayment until we received the good or until you provided an evidence of shipping of the good, the reserved date were the one of the first one of these facts.
You will have to send back or return the good to ourself without excessive delay and, in any case, at the latest fourteen days after you will have communicated your decision of retraction of the present contract. This deadline is considered respected if you send back well before the expiration of the deadline of fourteen days.
You will have to take care of the direct expenses of dismissal of the good.
Your responsibility is committed only towards the depreciation of the good resulting from manipulations other than those necessities to establish the nature, the characteristics and the smooth running of this good.