General terms and conditions of sale
ARTICLE 1 – LEGAL NOTICE
This site, accessible at the URL www.semperadhuc.fr (the “Site”), is published by:
SEMPER & ADHUC a single-person simplified joint stock company with a share capital of 20,000 euros, registered in the the Trade and Companies Register (R.C.S.) and the R.M. of Mont de Marsan under number 822 995 932 00024, whose registered office is located at 122 rue de l’abreuvoir 40210 Labouheyre, represented by DE TONNAC Colin, duly authorised (hereinafter referred to as the “Operator”).
The Operator’s individual VAT number is: FR 54822995932
The Site is hosted by 1&1 IONOS SARL, located at 7, place de la Gare BP 70109 57200 Sarreguemines C, (telephone: 0970 808 911).
The Director of the publication of the Site is DE TONNAC Colin.
The Operator can be reached at the following telephone number +33 (0)7 87 46 50 57 and at the following e-mail address firstname.lastname@example.org
ARTICLE 2 – GENERAL PROVISIONS RELATING TO THESE GENERAL CONDITIONS
The general terms and conditions of sale (the “General Terms and Conditions of Sale”, or the “GTCS”) are applicable exclusively to the online sale of the products offered by the Operator on the Website.
The GTCS are made available to customers on the Site where they can be directly consulted and can also be communicated to them on request by any means.
The GTCS are enforceable against the customer who acknowledges, by ticking a box or clicking on the button provided for this purpose, that he or she has read and accepted them before placing an order. The validation of the order by its confirmation is equivalent to the buyer’s acceptance of the General Terms and Conditions of Sale in force on the day of the order, the conservation and reproduction of which are ensured by the Operator.
ARTICLE 3 – PRODUCT DESCRIPTION
The Site is an online website for the sale of watches (hereinafter the “Product(s)”) open to any natural or legal person using the Site (the “Customer”).
The Products presented on the Site are each the subject of a description (established by the Operator or accessible on the manufacturer’s site via a link on the Site) mentioning their essential characteristics. Photographs illustrating, where applicable, the products do not constitute a contractual document. The instructions for use of the Product, if it is an essential element, appear on the Site or are sent at the latest upon delivery. The Products comply with the requirements of French law in force.
The Customer remains responsible for the terms and consequences of his access to the Site, in particular via the Internet. This access may involve the payment of fees to technical service providers such as Internet service providers, which remain at its expense. In addition, the Customer shall provide and be fully responsible for the equipment necessary to connect to the Site.
The Customer acknowledges that he has verified that the computer configuration he uses is secure and in working order.
ARTICLE 4 – CREATION OF THE CUSTOMER AREA
The Customer can create his personal customer space. Once created, to access it, the Customer must identify himself using his secret, personal and confidential login and password. It is the Customer ‘s responsibility not to communicate his identifier and password in accordance with the provisions of the article PERSONAL DATA of these General Conditions. Each Customer undertakes to maintain strict confidentiality with regard to data, in particular username and password, allowing him/her to access his/her customer area, the Customer acknowledges that he/she is solely responsible for access to the Service through his/her username and password, unless proven fraud. Each Customer also undertakes to inform the Operator without delay in the event of loss, misappropriation or fraudulent use of his identifier and/or password.
After the creation of his personal customer space, the Customer will receive an email confirming the creation of his customer space.
The Customer undertakes upon registration to:
- provide real, accurate, up-to-date information at the time it is entered in the service registration form, including not using false names or addresses, or names or addresses without permission.
- maintain registration data up to date in order to ensure that they are always real, accurate and up to date.
The Customer further undertakes not to make available or distribute illegal or reprehensible information (such as defamatory information or information constituting identity theft) or harmful information (such as viruses). Otherwise, the Operator shall be able to suspend or terminate the Customer’s access to the Site at its sole discretion.
ARTICLE 5 – ORDERS
The Operator endeavours to guarantee optimal availability of its Products. Product offers are valid within the limits of available stocks.
If, despite the Operator’s best efforts, a Product should prove unavailable after the Customer’s order, the Operator shall inform the Customer by email as soon as possible and the Customer shall have the choice between:
- the delivery of a Product of a quality and price equivalent to that initially ordered, or
- the refund of the price of the Product ordered at the latest within thirty (30) days of payment of the sums already paid.
It is agreed that, apart from the reimbursement of the price of the unavailable Product, if this option is requested by the Customer, the Operator shall not be liable for any cancellation compensation, unless the non-performance of the contract is personally attributable to him.
Except as otherwise provided in these General Terms and Conditions of Sale and without prejudice to the right of withdrawal provided for by applicable law, the Customer’s orders are firm and final.
When placing an order, the Customer must select the selected Products, add them to his basket indicating the selected Products, any corresponding choices and options and the desired quantities. The Customer has the possibility to check the details of his order and its total price, and to return to the previous pages to possibly correct the content of his basket, before validating it.
The Customer undertakes to read the General Terms and Conditions of Sale then in force before accepting them and to confirm the terms and any delivery and retraction costs prior to payment of his order. The confirmation of the order implies acceptance of the General Terms and Conditions of Sale and forms the contract.
The contractual information relating to the order (including in particular the order number) will be confirmed by e-mail in good time and at the latest at the time of delivery. The Operator strongly advises the Customer to print and/or archive this order confirmation as proof on a reliable and durable medium. An invoice will be issued to the customer on the day of delivery of the Product(s). A digital invoice is made available to the Customer in the “my account” area as soon as the product is shipped. The Operator also advises the Customer to print and/or archive this invoice on a reliable and durable medium as proof.
Any email that will be sent to the Customer as part of an order will be sent to the email address that the Customer uses to identify himself in his customer area or, failing that, to the email address that he filled in during his order.
The Operator reserves the right not to validate the Customer’s order for any legitimate reason, in particular in the event that:
- The Customer would not respect the General Conditions in force at the time of his order;
- The Customer’s order history shows that sums remain due for previous orders;
- One of the Customer ‘s previous orders is the subject of a dispute in progress;
- The Customer has not responded to a request from the Operator for confirmation of his order.
The Operator archives contracts for the sale of Products in accordance with applicable legislation. By making a request to the following address email@example.com, the Operator will provide the Customer with a copy of the contract for which the request is made.
Any modification of the order by the Customer after confirmation of his order is subject to the Operator’s agreement.
The information provided by the Customer when placing the order (including name and delivery address) is binding on the Customer. Thus, the Operator’s liability can in no way be sought in the event that an error in placing the order prevents or delays delivery/delivery.
The Customer declares that he/she has full legal capacity to enter into commitments under these General Terms and Conditions of Sale.
Registration is open to capable adults and minors provided that they are supervised by the parent or guardian having parental authority. Under no circumstances is registration authorised on behalf of third parties unless you are validly authorised to represent it (e. g. a legal person). Registration is strictly personal to each Customer.
In the event of a breach by the Customer of any of the provisions hereof, the Operator reserves the right to terminate the Customer’s account without notice.
ARTICLE 6 – PAYMENT TERMS AND SECURITY
The Customer expressly acknowledges that any order placed on the Site is an order with payment obligation, which requires payment of a price against the supply of the Product ordered.
In any event, the Operator reserves the right to check the validity of the payment, before the order is dispatched, by all necessary means.
The Operator uses the online payment solution Mercanet by BNP Paribas.
Orders can be paid for by credit card.
Payment is made directly on the Operator’s bank’s secure bank servers, the Customer’s bank details do not transit on the Site. The bank details provided during payment are protected by an SSL (Secure Socket Layer) encryption process. In this way, these details are not accessible to third parties.
The Customer’s order is recorded and validated as soon as the payment is accepted by the bank.
The Customer’s account will only be debited with the corresponding amount when (i) the data of the credit card used have been verified and (ii) the debit has been accepted by the bank that issued the credit card.
The impossibility of debiting the sums due will result in the immediate nullity of the sale.
In particular, the credit card may be refused if it has expired, if it has reached the maximum amount of expenditure to which the Customer is entitled or if the data entered are incorrect.
If necessary, the order validated by the Customer will only be considered effective when the secure bank payment centre has given its agreement to the transaction.
As part of the control procedures, the Operator may have to request from the Customer all the documents necessary to finalize his order. These parts will not be used for any purpose other than these.
ARTICLE 7 – PAYMENT OF THE PRICE
For metropolitan France and all member countries of the European Union, the price of the Products in force at the time of ordering is indicated in euros, all taxes included (VAT included), excluding delivery and transport costs. In the event of a promotion, the Operator undertakes to apply the promotional price to any order placed during the period of the advertising made for the promotion.
For all Products shipped outside metropolitan France and the Member States of the European Union, the price is automatically calculated excluding tax, as soon as the order is placed and the Customer is informed that he is considered as the importer of the Product or Products concerned.
In addition to the price, customs duties or other local taxes, or import duties or taxes may be charged to the Customer by the authorities and/or bodies of its State.
These rights and sums are not the responsibility of the Operator, they are the exclusive and definitive responsibility of the Customer and are the full responsibility of the latter both in terms of declarations and payments to the competent authorities and/or bodies in this country. The Operator advises the Customer to obtain information on these aspects from its local authorities.
For information purposes only, and without any commitment from the Operator in this respect, prices may be displayed before the order, in the currency used in the state detected by the site according to the Customer’s IP address
The rate of currencies other than the Euro is regularly updated automatically according to the rates offered to the Operator by its bank.
In the event of significant exchange rate instability, the Operator reserves the right to suspend the non-contractual information tool in different currencies without notice.
The price is payable in euros (€) only. The price is due in full after confirmation of the order. The prices offered include the discounts and rebates that the Operator would have to grant.
If delivery or transport charges apply, they will be added to the price of the Products and indicated separately before the Customer confirms the order. The total amount due by the Customer and its details are indicated on the order confirmation page.
ARTICLE 8 – FORMATION OF THE CONTRACT
The contract between the Operator and the Customer is formed at the time the Customer sends the confirmation of his order.
The Customer’s attention is particularly drawn to the method of acceptance of the order placed on the Site. When the Customer places his order, he must confirm it by the “double-click” technique, i.e. after having selected the Products added to the basket, the Customer must check and possibly correct the contents of his basket (identification, quantity of products selected, price, terms and delivery costs) before validating it by clicking on “I validate my delivery”, then he acknowledges accepting these GTCS before clicking on the “I pay” button, finally he confirms his order after having completed his bank details. The “double click” is equivalent to an electronic signature and is equivalent to a handwritten signature. It constitutes an irrevocable and unreserved acceptance of the order by the Customer.
The Operator shall archive communications, purchase orders and invoices on a reliable and durable medium in order to constitute a faithful and durable copy. These communications, purchase orders and invoices may be produced as proof of the contract. Unless proven otherwise, the data recorded by the Operator on the Internet or by telephone constitute proof of all transactions between the Operator and its Customers.
The order may be cancelled by the Customer by registered letter with acknowledgement of receipt or in writing on another durable medium in the event of:
- delivery of a Product that does not comply with the declared characteristics of the Product;
- exceeding the deadline set in the purchase order, after the Operator has been instructed, under the same conditions and without result, to make the delivery within a reasonable additional period;
- a price increase that is not justified by a technical change in the product imposed by the public authorities.
The order can be resolved by the Operator in case:
- the buyer’s refusal to take delivery;
- non-payment of the price (or the balance of the price) at the time of delivery.
ARTICLE 9 – RETENTION OF TITLE
The Operator remains the exclusive owner of the Products ordered on the Site until receipt of the full price, including any shipping costs.
ARTICLE 10 – SHIPPING AND DELIVERY
The online sales offers presented on the site are reserved for consumers residing in France or, where applicable, in a country listed by the Operator in the choices of delivery destination, and for deliveries in these same geographical areas.
Delivery refers to the transfer to the Customer of physical possession or control of the Product.
Shipping costs are those specified at the time of finalization of the order and are accepted by the validation of the order.
The Operator undertakes, in accordance with the delivery deadline indicated on the Site for each of the Products.
The shipping date is announced on the Site when ordering. This period includes the preparation and shipment of the order but excludes the period provided by the carrier.
The Operator undertakes to ship the Products in accordance with the deadlines announced on each Product sheet and at the basket level, provided that payment for the order has not previously been refused.
However, if one or more Products cannot be delivered within the initially announced deadline, the Operator will send an email indicating the new delivery date to the Customer.
The Products will be delivered to the address indicated by the Customer when ordering. It is therefore his responsibility to check that this address does not contain any errors. The Operator may not be held liable if the address provided by the Customer is incorrect, thus preventing or delaying delivery.
Upon delivery, it may be required to sign a receipt form.
No delivery will be made to a post office box.
Upon request and after making an appointment, the Products can be collected from the SEMPER & ADHUC S.A.S.U. workshop at 19 rue Sainte Cécile, 33000 Bordeaux.
Upon delivery, it is the Customer’s responsibility to check that the Products delivered are in conformity with his order and that the package is sealed and undamaged. If this is not the case, the Customer must indicate this on the delivery note. No complaint about the quantity or condition of the Product will be accepted if the complaint has not been made on the delivery note.
ARTICLE 11 – RIGHT OF WITHDRAWAL FOR A NON-PERSONALIZED PRODUCT
If a Product delivered does not give complete satisfaction to the Customer, the latter may return it to the Operator. The Customer shall have fourteen (14) days to do so from the date of receipt of the order.
In accordance with Article L. 221-21 of the Consumer Code and in order to implement this right of withdrawal under the conditions of Articles L. 221-18 et seq. of the Consumer Code, the Customer is invited to contact the Operation by email to inform it of its decision at the following address: firstname.lastname@example.org
The Operator will send an acknowledgement of receipt of the Customer’s request for retraction by e-mail.
If necessary, the Customer may exercise his right of withdrawal by notifying the Operator of the following information:
- name, geographical address, telephone number and e-mail address ;
- decision to withdraw by means of an unambiguous statement (e.g. letter sent by post, fax or e-mail as soon as these details are available and therefore appear on the standard withdrawal form).
The return costs are the responsibility of the Customer.
The returned Product must be in its original packaging, in perfect condition, suitable for resale, unused and with all possible accessories.
In addition to the returned Product, the return package must also contain a letter specifying the exact (surname, first name, address) and complete details of the Customer as well as the order number, and the original purchase invoice.
The Operator shall refund the Customer the amount of the Product within fourteen (14) days of receipt of the Product and all the elements required to implement the Customer’s refund. This refund may be made by the same means of payment as that used for the Customer. As such, the Customer who has paid for his order in the form of credit notes / gift vouchers may be reimbursed by credit notes / gift vouchers according to the Operator’s wishes.
By accepting these General Terms and Conditions of Sale, the Customer expressly acknowledges having been informed of the terms and conditions of withdrawal.