TERMS AND CONDITIONS BOUTIQUE SALE S.A.R.L. C.C.WATCHES
PREAMBLE
The Seller is active both in the Principality of Monaco and abroad:
" import-export, brokerage, intermediation, purchase, wholesale and retail sale, on the spot, by internet and at fairs and markets, by way of public or private auctions in all places allowing it in the framework of events organized by the company, watches, leather goods, fashion accessories and equipment, collectible jewelry, new and used, jewelry and precious metals, precious stones as well as all accessories relating thereto; all related services”
The catalog of available goods offered for sale by the Seller, illustrated by photographs having no contractual value, can be consulted from the site
www.ccwatchesmc.com.
The Parties agree that their relations relating to the Distance Selling will be governed exclusively by these General Conditions, to the exclusion of any condition available for the sale of the same Goods in the Shop.
Article 1 - Definitions
“Good”: any available product offered for sale by the Seller at the shop or any other product on Order;
“Shop”: located at 11 Avenue Saint-Michel in Monaco where the retail trade of the Goods offered for sale by the Seller is held;
“Customer”: person who receives one or more Goods from the Seller against payment;
"Order": request for one or more specific Goods, not appearing on the list of available products offered by the Seller in the Shop, made by the Customer to the Seller from the Site or in the Shop, and being the subject of a Sale in Shop;
“General Conditions of Sale”: the T&Cs which are the subject of these presents;
“Search Form”: search mandate entrusted by the Customer to the Seller within the framework of its corporate purpose;
“Total Price”: the total amount of the Good(s) that are the subject of the Sale in the Boutique; this amount includes all taxes applicable in the Principality of Monaco, including delivery costs to the Boutique;
“Site“: “
www.ccwatchesmc.com” from which the Customer can consult the catalog of available Goods offered for sale by the Seller;
“Order Validation”: within the meaning of Article 5 hereof;
“Sale in Shop”: agreement by which the Seller undertakes to deliver one or more Goods available or on Order to the Customer in the Shop who undertakes to pay for it(s);
"Seller": SARL C.C. WATCHES, located at 11 Avenue Saint-Michel in MONACO (98000), registered in the Trade and Industry Directory of the Principality of Monaco under number 18S07627.
Any reference to the singular includes the plural and vice versa.
Any reference to one gender includes the other gender.
Article 2 - Purpose
The purpose of these T&CS is to define the rights and obligations of the Parties in the context of the Distance Selling of the Goods to the Customer.
Article 3 - Scope
The purpose of these T&Cs is to define the rights and obligations of the Parties in the context of the Sale in Store of Goods to the Customer.
The Customer declares to have read these T&Cs before the Validation of the Order or the Sale in Store of the available Goods.
The Validation of the Order or the Sale in the Shop of the available Goods therefore constitutes a sale within the meaning of article 1425 of the Civil Code and acceptance without restriction or reservation of these T&Cs
Article 4 - Entry into force and Duration
These T&Cs come into force on the Sale in the Boutique as defined in article 5.1 or on the date of Validation of the Order as defined in article 5.2 hereof, for the duration necessary for the supply of the Goods, until 'on the expiry of the guarantees and obligations owed by the Seller in accordance with Article 11 hereof.
Article 5 - Stages of the conclusion of the Sale in the Boutique
The Sale in Store will be concluded according to the following terms:
5.1 Sale of Goods available in the Store
⦁ The Customer must follow the following steps:
- Make an appointment with the Seller in the Shop in order to examine and, if necessary, try on the available Good(s) offered for sale by the Seller that may be of interest to him;
- Check that the characteristic elements of the Good(s) examined correspond to his request;
- Complete the Seller's Customer information sheet;
- Proceed to the payment of the Total Price agreed to the Seller according to the terms provided for in Article 7 hereof;
- Subject to proper collection by the Seller of the Total Price, the Customer may collect the Good(s) from the Store.
⦁ sale is not definitively concluded until:
- validation of payment of the Total Price by credit card, in the event of payment by credit card;
- after final collection of the transfer of the Total Price when paying by transfer.
5.2 Sale of Goods on Order
⦁ The Customer wishing to acquire specific products not appearing on the list of available Goods offered by the Seller, may place an Order with the Seller.
In order to place the Order, the Customer must follow the following steps:
- Complete the Search Form from the Site or in the Store;
- Check the elements of the research and, if necessary, identify and correct errors;
- As soon as possible after receipt of the Search Form, the Seller will present the
results of his surveys to the Customer;
- If the Customer is interested in acquiring one or more Goods presented by the Seller at the end of his research, he must sign an Order form in the Shop for the Good(s) he wishes to acquire (here- after "Validation of the Order") and pay a deposit equal to 30% of the Total Price of the Order according to the terms provided for in Article 7 hereof;
He must also complete the Seller's Customer information sheet.
The Order is not definitively accepted by the Seller and, consequently, the sale concluded, until:
- validation of payment by credit card, in the event of payment of the deposit by credit card;
- after final receipt of the transfer of the deposit by bank transfer.
- The Seller will notify the Customer by e-mail or any other written means (sms, WhatsApp or equivalent) of the receipt of the Good(s) subject of the Order;
- The Customer will then have a maximum period of SEVEN (7) days, unless better agreed in writing between the Parties, from the aforementioned written notification message from the Seller to:
- pay the balance of the Total Price of the Order according to the terms provided for in Article 7 hereof;
- collect the Goods or Goods in the Boutique, subject to proper collection by the Seller of the balance of the Total Price;
failing which, the Seller will consider that the Customer has unilaterally renounced the sale, which the latter expressly acknowledges.
In the event that after the Validation of the Order:
- the Good ordered by the Customer becomes unavailable for any reason whatsoever beyond the Seller's control, the sale will lapse for the disappearance of one of its essential elements and the Seller will immediately return all sums paid to the Customer as such;
- the Customer unilaterally renounces, for any reason whatsoever, the acquisition of the Good(s) subject of the Order, all sums paid by the Customer shall remain acquired by the Seller, which the Customer expressly and unreservedly accepts by adhering to the present T&Cs, without prejudice to the damages that the Seller may claim from it in compensation for its entire prejudice.
In any case, the Seller reserves the right to refuse any research mandate and any Order if it is abnormal, placed in bad faith or for any other legitimate reason, and in particular, when there is a dispute with the Customer. concerning the payment of a previous order.
The Price of the Goods are indicated in EUROS respectively by article and reference.
At the time of the Sale in the Boutique, the price to be paid for the Goods means the Total Price.
The TAXFREE service is not available.
All taxes, customs duties and fees that may be imposed on the Customer, in particular on the importation of Goods purchased in a state located outside Europe, will remain the sole responsibility of the Customer.
The import costs (taxes and customs duties) of the Goods and/or its accessories send to any other address at the express request of the Customer will remain the sole responsibility of the Customer.
In the event of theft or loss by the carrier, the Seller registers a complaint with the latter and opens a claim file with the insurance.
After investigation, if the complaint fulfills the conditions for reimbursement of the insurance policy, the latter proceeds to the payment either directly to the Customer, or to the Seller, who pays the sums to the Customer, according to the deadlines and methods set by the insurance policy.
In the event that the claim does not satisfy the reimbursement conditions of the Seller's insurance policy or that of the carrier, the Seller cannot in any case be held liable for any reason whatsoever.
Article 7 - Terms of payment
The Seller only accepts payment in EUROS.
Payment of the Total Price by the Customer is made through one of the following means of payment:
➢ Cash
Cash payments are accepted in the Boutique up to a maximum amount of 9,900.00 EUROS per item, the maximum price of which is 29,999.99 EUROS.
If the price of the Good is greater than the sum of 29,999.99 euros, no payment in cash, even partially, will be possible.
The Seller will be required to take identification and vigilance measures in accordance with Chapter III of No. 1.362 of August 3, 2009.
➢ Credit card
this payment methods, is taken into consideration by C.C. Watches at its sole and exclusive discretion
The bank cards accepted are those of the Visa, MasterCard and American Express.
The additional bank charges generated by the processing of credit card payments will be borne by the Customer, who expressly accepts it, and invoiced in addition to the Total Price, for an amount equal to 3% of the total amount of the transaction.
The transaction is immediately debited from the Customer's bank card, after verification of its data, upon receipt of the debit authorization from the company issuing the bank card used by the Customer.
In the event that the debit of the Total Price or the All-Inclusive Price, as the case may be, is impossible, the Sale in the Boutique will be immediately resolved as of right.
➢ Bank transfer
The bank transfer must be issued by the Customer from a bank account opened in the books of a traditional banking establishment or a well-known online bank, excluding any neo-bank, to the Seller's bank account. whose contact details will be communicated to him in due course.
The costs of managing and issuing the bank transfer are the exclusive responsibility of the buyer.
In the event of a sale on Order, the deposit as provided for in article 5.2 and the balance of the Total Price must come from the same bank account of the Customer.
In order to be able to collect the Goods, the Seller must have received the credit, in usable value date.
Article 8 - Invoicing
For the purposes of invoicing the Good(s) subject of the Sale in the Boutique,
and in accordance with article 3 of law n°1.362 of August 3, 2009, the Customer must communicate to the Seller the following documents:
➢ For private person:
- a copy, front and back, of the identity card or passport;
- in the event that the up-to-date residence address does not appear on the identity document or passport, proof of the residence address;
- the Seller's Customer information sheet duly completed and signed;
➢ For Company:
- A copy of the certificate of registration of the company with the register of Companies or equivalent depending on the country of nationality up to date, showing the address legal and operative site and the registration number;
- statutes updated with the latest changes;
- List of economic beneficiaries
- identity document of the economic beneficiaries;
- intra-Community VAT number.
Article 9 - Personal data and processing
The personal information requested from the Customer is necessary for the processing of the Order and the invoicing of Sales in the Shop.
In the event that the Customer agrees to communicate individual personal data to the Seller, he has an individual right of access, withdrawal and rectification of this data under the conditions provided for by law n ° 1.165 of 23 December 1993 amended relating to the protection of personal information.
In addition, as part of its daily activity, the Seller uses automated processing for the following purposes:
- “E-mail management”;
- “Management of the fixed and mobile telephony service”;
- “Customer file management”;
- “Video surveillance management”
If the Customer is concerned by this automated processing, he has, in accordance with the aforementioned law, a right of access, rectification and opposition to information concerning him, which he can exercise by post.
The Customer must send any written request relating to his personal data to the following address:
SARL C.C. Watches, 11 Avenue Saint-Michel, 98000 MONACO.
Article 10 - Return policy and right of withdrawal
The Goods are sold by the Seller in the state in which they are at the time of the Sale in the Boutique, which the Customer expressly accepts having seen them in the non-contractual photographs appearing in the catalog accessible from the Site and/or having examined them in the Boutique, which he expressly accepts.
In the case of second-hand Goods, the Customer cannot claim the presence of small defects or scratches due to use and age.
No right of withdrawal is applicable to the Sale in the Boutique.
Article 11 - Seller Warranties
11.1 Guarantee of authenticity
The Seller does not own its own brand.
The Seller is not an official reseller of the brands appearing in the catalog accessible from the Site or in the shop.
However, it guarantees the authenticity of the Goods offered for sale to the Customer (no copy or counterfeit).
In this respect, it should be specified that the Goods offered for sale by the Seller are second-hand objects, for daily use subject to wear and tear.
It therefore goes without saying that watches in particular require maintenance.
For example, a watch that has been sent for servicing remains an original and authentic watch, even if components have been exchanged.
Also, the exchange or replacement of elements does not affect the originality of the Good purchased.
11.2 The commercial guarantee
In the event that the Good is no longer under the manufacturer's warranty, the Seller offers the Customer a free commercial warranty of TWO (2) years from the sale.
This commercial warranty only covers the proper functioning of the movement, excluding any damage caused accidentally (for example by a shock) or for an improper using.
The Seller will entrust the Good to a specialized laboratory so that a diagnosis can be made and the repair carried out.
11.3 Warranty against hidden defects
The Seller is subject to the legal guarantee for hidden defects of the Goods sold provided for in article 1483 of the Civil Code in these terms:
"The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it or would have paid less if he had known them. “
In accordance with article 1490 of the same code:
“In movable property, the action resulting from redhibitory defects must be brought by the purchaser within six months of the discovery of the defect. (...)”.
Article 12 - Major Force
The performance by the Seller of its obligations in the context of the Sale of the Goods to the Customer in the Boutique will be suspended in the event of the occurrence of a fortuitous event or force majeure which would hinder or delay its execution.
The Seller will notify the Customer as soon as possible of the occurrence of such a fortuitous event or force majeure.
Article 13 - Applicable law and attribution of jurisdiction
The Sale in Store of the Goods by the Seller to the Customer will be governed by Monegasque law.
Any dispute resulting from the formation, interpretation or execution of the Sale in the Boutique of the Goods by the Seller to the Customer will be under the exclusive jurisdiction of the courts of the Principality of Monaco, notwithstanding the Customer's place of residence, plurality of defendants or warranty claim.
Article 14 - Legal information relating to the Seller
All legal information relating to SARL C.C. Watches is available from the competent authorities of the Principality of Monaco, in particular from the Trade and Industry Directory, or on request from the company itself.
