Terms and conditions

SECTION 1: IDENTIFICATION OF THE COMPANY SDL - LEGAL INFORMATION
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1. 1. Denomination: S.D.L.

1. 1. Company name: Société de Distribution de Luxe

1. 1. Head office: 1 rue Fontaine l'Epine 25500 MORTEAU


1. 1. Shared capital: € 7,650

1. 1. Company type: Unipersonal company of limited responsibility

1. 1. RCS Registration No.: RCS de Besançon n° 385 064 365

1. 1. Individual identification, under Article 286 ter of the GeneralTax Code: FR28385064365


SECTION 2: OBJECT - APPLICATION OF THE CONDITIONS OF SALE
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The following terms and conditions govern online contracts through which the company SDL provides remotely and electronically the supply of goods as part of its economical activity.

They were drafted to formalize the business transactions. They apply to the sale of products through the SDL shop, accessible via the Internet.

The general conditions of sale are available to the buyer on the homepage of the website "www.e-montre.com", owned by SDL. The buyer can consult them freely by clicking on the "Terms and Conditions of sale" and read them before entering the checkout process.

If a user/buyer check the box "I have read the Terms and Conditions" on the website "www.e-montre.com" it implies full acceptance of these terms and conditions.

The fact that the company SDL does not prevail at a given moment of any provision herein shall be interpreted as a waiver to take advantage later of one or any contractual arrangements.

Offers issued by the SDL are exclusively for its customers.

The terms and conditions provided by SDL, can be easily accessed, copied and saved at any time. SDL remains bound by its offer as far it is electronically accessible.

The company SDL is authorized to modify these terms and conditions at any time without notice or explanation, and without any responsibility being incurred as a result.


Any changes will be posted on the site, and shall enter into force as from its online publication. However, the terms and conditions applicable to the buyer will be those existing at the time of the contract.


 

SECTION 3: PERSONAL DATA

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All information and data collected by the company SDL are for purposes that lead to process the orders.

In accordance to Law No. 78-17 of 6 January 1978 amended by Act No. 2004-801 of 6 August 2004 related to informatics, the consumer has at any time, the right of access, oppose and rectify data concerning him/her by sending a mail or an e-mail to customer service at the address defined in Section 1 hereof.

The client file from the company SDL has been the subject of a declaration to the CNIL 1312873

The information given enables SDL to provide its customers with customized services such as sending email on special offers.

If the consumer does not wish to benefit from these offers, he must inform SDL either by email or by mail to the Head Office of the said Company.

Any consumer, individual, accepting to transmit, for the first time his personal data to SDL, through the registration form will be granted a voucher of € 10 discount on account of the first order.


 

SECTION 4: ORDERS-CONCLUSION OF CONTRACT ONLINE

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The contractualisation process allows customers to place orders, verify the details and the total price and to make any amendments if needed. The customer must after this phase accept fully the entirety of the present terms and conditions, and finally validate his/her order. After confirmation of the accuracy of the information provided, the order will be registered.
The confirmation of the order will be sent to the customer via e-mail to the email address provided by the customer upon confirmation of order.
SDL reserves the right to refuse an order in case of a legitimate reason as provided by the Consumer Code.

a) Prior Formalities

Before confirming his/her acceptance the buyer should verify:

-details of the order

• products or services concerned,
• price reductions if any,
• mode of payment,
• mode of delivery.

- The total price including VAT

- And correct if any errors.

b) Acknowledgement of the order

The company SDL will send the purchaser a receipt of the order which was sent electronically, as soon as possible. This formality gives the buyer the certainty that his intention to contract has been taken into consideration.

c) Confirmation of the order by the consumer

The buyer confirms the order that includes the following summary:

-Information relating to the offer of the contract (name and address of seller, delivery fees, method of payment and delivery);

-information on the conditions and modalities for exercising the right to withdraw;

-address of the supplier where the consumer can make a claim;

-information concerning after sales service and guarantee;

The contract between the two parties can be considered concluded when the buyer-consumer will materially reiterate the acceptance of the contract.

d) Filing

The filing of purchasing orders and invoices is made on a reliable and sustainable manner to correspond to a faithful and durable copy in accordance with Section 1348 of the Civil Code.


 

SECTION 5: KEY FEATURES OF THE PRODUCTS OFFERED FOR SALE

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The products offered for sale by the company SDL on the website are:

Watches and jewellery.

The offers and prices are valid as far as they appear on the site and within the limits of availability of stock.

Deliveries are made by carrier or La poste.

If the product is unavailable, SDL will notify the buyer by email or mail. His/Her order will be canceled and the buyer will be refunded immediately

SECTION 6: PRICES OF ITEMS

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Prices are quoted in Euros, all tax included exclude shipping costs. Prices reflect the current French VAT and excise duties and other taxes.

The company SDL reserves the right to change prices at any time, but the goods ordered are charged at the price at the time of the registration of the order.

Shipping costs are set at a flat rate and vary depending on the number of items ordered and the delivery location.

It is understood that in case of error in the shipping address provided by the client, forcing the company to return SDL orders in its warehouse, the customer will bear the consequences. In addition, the company SDL will be entitled to charge administrative and transportation costs associated with the returned order(s).
A detailed invoice will accompany by mail the delivery of the parcels

 

SECTION 7: PAYMENT
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The payment is made by bank card on the site by means of a system of secure remote payment (SSL, WAP).

 
With this system, the holder of a credit card proceeds to the payment by typing the number, date of expiry and the cryptogram of his/her credit card.


SECTION 8: DELIVERY OF ITEMS - RETENTION OF PROPERTY
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Deliveries of items can only be made to the attention of customers.

Deliveries are made by carrier or by mail to the address specified by the customer at the time of his/her order, or by a notice in the absence of the client.

Once the payment is received, the company SDL expects to deliver the goods within:

  1. 48 hours * for shipping an item in stock (* working days excluding holidays, for delivery of items available from Monday to Friday at home in France, including Corsica).
  • 15 days from the order for an item not in stock.

In any event, the delivery must take place within a maximum period of thirty (30) days from receipt of payment. If delivery cannot be done within this period, the consumer will be informed at the earliest and can cancel the order. He/She can then ask to change the product or ask for a refund.

Delivery times are from receipt of payment (payment by check) or banking authorization (online payment by credit card).

The company SDL cannot be held liable for delays or failure to deliver due to a cause beyond its control, or an error made by the customer or a third party to the contract.

The products remain property of SDL until full payment of the order. Products are sent to the recipient after full settlement of the order.

For all complaints, the consumer must send a letter by any means, including electronic, to the address listed in Section 1.


 

SECTION 9: TIME OF WITHDRAWAL

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In application of the Articles L 121-16 and L 121-21 of the Consumer Code:
"The provisions of this subsection shall apply to any sale of good or any supply of provision of a service concluded, without the simultaneous physical presence of the parties, between a consumer and a professional who, for concluding this contract, use exclusively one or more means of distance communication. However, they do not apply to contracts for financial services."

"The consumer has a period of fourteen days to exercise his right of withdrawal without any reasons or pay any penalties, except, where applicable, the cost of return. The consumer can extend this period in case he cannot travel and where simultaneously he needs to appeal to an immediate and necessary call for its conditions of existence. In this case, he would continue to exercise its right of withdrawal without any reasons or pay any penalties.
The period mentioned in the above paragraph starts upon receipt of the goods or the acceptance of the offer for the provision of services.
The consumer has a period of fourteen days from the date of purchase, to withdraw without any reasons or pay any penalties except for the costs of shipping back the product.
When the consumer exercises his right of withdrawal, the company SDL, according to the will of the customer, will exchange items or refund as soon as possible and no later than within thirty days from the date of withdrawal.
Items must be returned in mint conditions and without having undergone transformation; costs of returning the goods are responsibility of the customer.


 

SECTION 10: FAILURE OF COMPLIANCE - LEGAL WARRANTY - COMMERCIAL WARRANTY
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10-1 The customer has the legal guarantees of Compliance and hidden defects in accordance with the legislation in force.

These guarantees coexist as well with the commercial guarantee

Legal guarantee of Compliance:

Article L211-4 of the Consumer Code
"The seller must deliver goods in compliance with the contract and he is liable for any lack of existing compliance.
He is also held responsible for lack of compliance resulting from the packaging, instructions for assembly or installation under its responsibility."

Article L211-5 of the Consumer Code
"To comply with the contract, the product must:
1 ° Be suitable for the purpose usually associated to a similar good and, where applicable:
- match the description given by the seller and possess the qualities that have been presented to the buyer as a sample or model;
- present the qualities that buyer might reasonably expect given the public statements made by the seller, the producer or his representative, particularly in advertising or labeling;
2 ° Or have the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and the latter has accepted."

Article L211-12 of the Consumer Code
"Legal action based on failure to comply is prescribed by two years from delivery of the goods."

Legal guarantee for hidden defects:

Article 1641 of Civil Code
"The seller also guarantees for hidden defects of the item sold which render it unfit for the purpose for which it was intended, or that decrease such use that the buyer would not have acquired, or would not have paid a lower price if he had known."

Article 1648 of Civil Code
"The action resulting from hidden defects must be communicated by the purchaser within two years after the discovery of defect.
In the case provided by the Article 1642-1, action must be taken, under penalty of foreclosure, in the year following the date on which the seller may be discharged of any apparent defects."

The company SDL delivers the goods conforms to the contract and it is liable for any defects of conformity at the time of delivery.

However, it is expressly provided that the goods travel at the expense, risks and perils of the consumer.

In case of damage during delivery, the company SDL will arrange to deliver again to the consumer and, if that is not possible, refund the amount paid for the order

It is for the consumer to verify the contents of the package at the time of delivery and to note any reservations on the delivery slip provided by the courier and inform the company SDL by AR registered letter addressed as set out in Section 1 here above specifying the following information:.

  1. order number, name, surname and address:
  2. reference of the item(s) the consumer wishes to return
  3. reason for returning the item: damaged items, etc..

The consumer must also ensure that the delivery slip is returned with the item to treat his/her request as soon as possible.

When the company SDL receives the item, it shall inform the consumer by e-mail of product replacement or refund.

Refund will be made in the same form as the original payment within 14 business days after receipt of the returned item.

10-2 Guarantee

The company SDL provides all its articles with a guarantee of 2 years starting from the date of shipment, as evidenced by a certificate of guarantee.
In case of problems during the guarantee period, customers are asked to return the item accompanied by its Certificate of authenticity and guarantee or his invoice with detailed instructions.

The 2-year guarantee means under normal use. Excluded from this guarantee are battery, glass, bracelet and buckle, and any surface treatment.
Evidence of a failure caused by neglect, deterioration or misuse would render ineffective the manufacturer's warranty. In this case the watch would be returned in good condition or repaired in the acceptance and payment of a prior estimate.

The After Sales Service technicians of the company SDL can also be contacted after the guarantee period. A quotation will be issued after receipt of the item.

10-3 Parts

According to Article L111-2 of the Consumer Code:

"A professional seller of goods must also tell the consumer the period during which it is foreseeable that the parts needed for use of the good will be available on the market. This period is necessarily brought to the attention of the professional by the manufacturer or the importer."

The company SDL states as such that the spare parts necessary for use of the items offered for sale will be available for a period of 5 years from the date of shipment of the article.


 

SECTION 11: GOVERNING LAW AND JURISDICTION
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These Terms and Conditions of Sale are subject to French law. The language of these Terms and Conditions is English.

If a dispute may arise with regards to the validity, interpretation, performance or non-performance, interruption or termination of the present contract, the parties should initially intend to reach a solution in a friendly and amicable manner.

In case of disputes with traders or professionals, the only competent court of jurisdiction would be the one of the registered office of the Company SDL.

In case of dispute with a consumer, the latter may at his/her discretion; either chooses the Court of jurisdiction to perform the service or the Court of jurisdiction of the country of the Company SDL.

In the context of a dispute under international law, the territorial Court of competence will depend on the rules of international law.

 

ARTICLE 12: INTELLECTUAL PROPERTY
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All the intellectual and artistic production present on the website  www.e-montre.com, are and shall remain the sole property of the SDL Company and are protected by the rules from the Law of the Intellectual and artistic property, notably by copyright.
Any use, reproduction, exploitation, representation ... in whole or in part and in any medium whatsoever, for any purpose other than personal use is prohibited and punishable by law, including under the infringement. Any hypertext linked directly to this site will be subject to prior authorization from us.