GENERAL TERMS AND CONDITIONS OF THE ONLINE STORE FOR FRANCE (GTC)
1. SCOPE OF APPLICATION AND CONTRACTUAL PARTNER
2. CUSTOMER SERVICE
If the customer has any queries, requests or complaints, he may contact the seller's customer services department: By post: BUCHERER SA, Online Service, Langensandstrasse 27, CH-6005 Lucerne, Telephone: +33 1 7099 1887, e-mail
3.3. After the order is placed, the customer receives an e-mail confirming that the order has been received and presenting the content of the customer's order. This order receipt confirmation does not yet imply the acceptance of the customer's offer, but merely confirms that the seller has safely received the customer's order.
4. PRICE, SHIPMENT AND DELIVERY
4.1. All prices indicated in the online store are expressed in Euros and inclusive of tax. Value Added Tax (VAT) is at the rate applicable in France on the order date. Any adjustment to the applicable rate may be passed on to the prices of goods and services. The seller informs the customer of any forwarding fees and any additional fees, for instance for an express order or gift box, on the order form immediately before the order is placed.
5. PRESENTATION OF GOODS, DELIVERY TIME, AVAILABILITY
If the seller is unable to observe a delivery time for any reason beyond its control (unavailability of the product in a case of force majeure, for instance), the seller then immediately informs the customer and indicates a newly scheduled delivery time, if applicable. If the delivery time is not convenient for the customer or if the goods are not available in part or in full during the new delivery time, both parties to the contract are entitled to cancel the order of the product concerned; any payment already made for the unavailable product shall, in this case, be immediately refunded by the seller to the customer
6.1 The customer has a right of revocation subject to the conditions outlined below.
6.2. The right of revocation must be exercised within a period of 14 calendar days of the date on which the customer receives delivery of his order. The customer shall then send back or return the products to the seller within a maximum period of 14 calendar days following notification of his revocation decision.
6.3. The right of revocation (but not any recourse under warranty) excludes any products which are not pre-manufactured and for whose production an individual choice or customer instructions are essential, or which are objectively tailored to the personal needs of the customer. This particularly applies to any individual engravings or changes to goods.
6.4. In order to exercise his right of revocation, the customer may use, at his discretion:
- the withdrawal form (attached herewith and received with the package by post) returned to the following address: BUCHERER France S.A.S., 12, Boulevard des Capucines, 75009 Paris, France;
- the online withdrawal form (available by logging into your account and going to the “my returns/exchanges” section);
- an unambiguous statement (e.g. by letter sent by post, fax or e-mail). The paper statement shall be sent to the following address: BUCHERER France S.A.S., 12, Boulevard des Capucines, 75009 Paris, France.
6.5. If the customer uses the electronic format, the seller shall immediately send an acknowledgement of receipt of the revocation in a sustainable format (e.g. by e-mail)
6.6 The goods must be returned in their brand-new condition and unused. The condition in which the CPO watch was purchased or shipped according to the description and photo documentation is decisive for the proper return of CPO watches. The goods must be returned in their original packaging with all protections, labels and stickers on the products and with all accessories and replacement parts. If the return does not take place in accordance with these instructions, the seller is entitled to offset the value of any products, which have not been returned by the amount to be repaid to the customer. Offsetting also takes place when the products are damaged during the return due to a fault of the customer.
6.7. The seller bears the return cost of the goods provided that the customer uses the return postage label of the transport company attached to the delivery. Otherwise, the customer bears the direct costs of returning the goods and the liability/insurance for the package. The return postage label must also be used for reasons of insurance and liability. If the customer does not use the return postage label, he assumes liability for the returned goods at their total value. In this situation, the seller is not liable for any loss, damage, misdelivery or return delivery delays. If he does not use the return label, the customer is personally responsible for the insurance and transport of the goods.
6.8. In the event that the right of revocation is exercised, the seller shall refund all payments received from the customer, including delivery charges (excluding additional fees based on the customer's selection of any delivery method other than the cheapest “standard delivery” procedure proposed by the seller) without any unreasonable delay and, at any rate, no later than 14 days from the date on which the seller is informed of the customer's revocation decision. The seller may defer the refund until the goods are recovered or the customer has submitted proof that these goods have been shipped. For this purpose, the date on which the first of these events occurs shall be valid. The refund is made by the same payment method used by the customer in the order, unless otherwise agreed with the customer. The refund is the only obligation of the seller in the context of any such return. Any exchange of goods is excluded.
REVOCATION FORM TEMPLATE
(Please complete and return this form only if you wish to revoke from the contract. You are also advised to indicate your order number)
For the attention of BUCHERER France S.A.S., 12, boulevard des Capucines, 75009 Paris, France,
I do hereby notify that I wish to exercise my right of revocation from the contract relating to the sale of the goods below:
Ordered on: […] (*) / Order received on: […] (*)
Signature (only if the present form is submitted in paper form):
(*) Delete as appropriate
7. RETENTION OF TITLE
8. PAYMENT METHODS
9. TRANSFER OF RISKS
10.1. All our products benefit from the statutory guarantee, provided that they have been subjected to normal use and that the maintenance instructions have been followed.
10.2. In the case of the statutory guarantee of conformity, the customer:
- may act within two years of delivery of the goods if they are not consistent with the specifications of the contract and he was unaware of this non-conformity upon conclusion of the contract;
- may choose either to have the product repaired or replaced (replacement is not available for CPO watches), provided that the customer's choice does not result in a clearly disproportionate cost with the regard to the other procedure, in view of the product value or the importance of the fault. The return and delivery charges associated with the replacement product shall be borne by the seller;
- is excused from furnishing proof of the non-conformity of the goods within twenty-four (24) months of delivery of the product.
When selling CPO watches, the seller warrants, as an independent warranty statement, that the watch will function properly from the date of sale for a period of two years (see also: Certified Pre-Owned Warranty). As far as CPO watches are concerned, they may show signs of use and wear (e.g. scratches, no water resistance). Insofar as these are documented and disclosed by Bucherer, these signs of use wear do not constitute defects.
10.3. The customer may decide to activate the warranty against hidden defects in the good sold within the meaning of Article 1641 of the French Civil Code if the product fault renders it unfit for its intended purpose.
In this event, the customer may choose either to cancel the sale or receive a sale price reduction in accordance with Article 1644 of the French Civil Code.
10.4. Any request relating to either of these warranties must be sent to the customer services department (see Clause 2 above). The return charges shall be paid in advance by the customer and shall only be reimbursed if the seller is held responsible under the warranty.
10.5. It should be noted that, in the event of a purchase in a professional capacity, while the customer is informed of his stated capacity as a consumer, the seller may not be held responsible for any damage which may occur on account of the purchase or use of the products in a context of a professional use.
10.6. Some provisions of French law are reproduced in Appendix 1.
11. DAMAGE CAUSED BY TRANSPORT
If products are delivered with clear damage caused by transport, the customer must immediately report it to the transport company and make immediate contact with the customer services department of the seller (see Clause 2 above). Failure to submit a complaint or make contact has no bearing on the legal rights and their exercise, especially the rights under warranty. However, the customer assists the seller to assert its rights vis-à-vis the transport company or the transport insurance if applicable.
12. SELLER'S LIABILITY
13. PROTECTION OF PERSONAL DATA
By accepting these General Terms and Conditions, the customer states that he has read and understood the terms on the protection of personal data.
15. APPLICABLE LAW AND RESOLUTION OF DISPUTES
15.1. Applicable Law
These GTC are subject to French law by the seller.
They shall apply to any deliveries to consumers whose address is exclusively based in France.
If the customer has submitted a complaint to the customer services department but has not received satisfaction, the customer may, in accordance with the provisions of the French Consumer Code on the amicable resolution of disputes, refer the matter to:
- Medicys, whose contact details are as follows: Medicys-Centre for Mediation and Amiable Resolution. Bailiffs-73 Boulevard de Clichy-75009 PARIS, email@example.com
After the consumers have completed the formality to inform the seller in writing, any consumer dispute, which is unable to be resolved, may be referred to the Mediation Service.
Moreover, the European Commission has implemented an Online Dispute Resolution platform in order to facilitate the extra-judicial resolution of online disputes between consumers and professionals of the European Union.
This platform is accessible via the following link: https://webgate.ec.europa.eu/odr
In the absence of mediation or if it fails to produce a resolution, the consumer may refer the matter either to the territorially competent courts by virtue of the French Code of Civil Procedure, or to the court of the place in which he is based upon conclusion of the contract or occurrence of the harmful event.
(Last update: 29/04/2019)
APPENDIX 1: WARRANTY (Translation)
Article L. 217-4 of the French Consumer Code
The seller is required to deliver a product in accordance with the contract and guarantees any faults of conformity existing during delivery. It also guarantees any defects of conformity caused by the packaging, assembly or installation instructions whenever they are considered in the contract or performed under its responsibility.
Article L. 217-5 of the French Consumer Code
The product is consistent with the contract:
1. If it is appropriate for the use normally expected for such an article and, if necessary:
- if it is consistent with the description provided by the seller and characterised by the qualities presented by the seller to the buyer in the form of a sample or model;
- if it is characterised by the qualities that a buyer may reasonably expect in view of the public statements made by the seller, by the producer or by its representative, especially in terms of advertising or labelling;
2. Or if it has the characterises defined by mutual agreement between the parties or is suitable for any special use sought by the buyer and known to and accepted by the seller.
Article L. 217-12 of the French Consumer Code
Any action based on a non-conformity shall be barred after two years from delivery of the goods.
Article L. 217-16 of the French Consumer Code
When the buyer asks the seller, during the commercial guarantee period which is granted upon purchase or repair of movable property, to restore the item in question under the guarantee, any period of inactivity of at least seven days is added to the period of the guarantee that is yet to elapse. This period begins to elapse as of the buyer's request or the availability of the item in question for repair, provided that this availability is subsequent to the request for action.
Article 1641 of the French Civil Code
The seller is bound by a warranty against hidden defects in the thing sold that render it unfit for its intended use, or that so impair its use that the buyer would not have bought it, or would only have given a lesser price for it if he had known of the defects.
Article 1648 paragraph 1 of the French Civil Code
An action resulting from fundamental defects must be brought by the buyer within two years of the discovery of the defect.
(As of March 2020)