TERMS AND CONDITIONS OF DISTANCE SELLING 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.
Therefore, for any transaction initiated remotely but for which any of the successive steps will have been carried out in the physical and simultaneous presence of the parties, the General Conditions of Sale in the Seller's Boutique will apply to the transaction.
The Seller reserves the right to modify these General Conditions at any time by publishing a new version on the Site.
The General Conditions of Distance Selling are those in force on the date of the Validation of the Distance Selling.
Article 1 - Definitions
“Good”: any available product offered for sale by the Seller 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 among the available products offered for sale by the Seller, made by the Customer to the Seller by means of one or more remote communication techniques (internet, telephone, e-mail exchange, etc.), and subject to Distance Selling;
“General Conditions of Sale”: the GCS which are the subject of these presents;
“Consumer”: any natural person who, in the context of the Distance Selling concluded with the Seller, acts for purposes which do not fall within the scope of his professional activity within the meaning of Law No. 1.383 of August 2, 2011 on the Digital Economy, modified;
"Delivery Time": period between the date of delivery of the Good(s) by the Seller to the carrier and their date of Delivery to the address indicated by the Customer; "Search Form": search mandate entrusted by the Customer to the Seller within the framework of its corporate purpose; “Delivery Costs”: costs incurred by the Seller to deliver the Good(s) to the delivery address indicated by the Customer;
“Delivery”: shipment of the Good(s) to the delivery address indicated by the Customer at the time of Validation of the Distance Selling;
“Total Price”: the total amount of the Good(s) which are the subject of the Distance Selling; this amount includes all taxes applicable in the Principality of Monaco, packaging, insurance and delivery costs included, unless otherwise agreed between the parties;
“Site”: “www.ccwatchesmc.com” from which the Customer can consult the catalog of available Goods offered for sale by the Seller;
"Validation of the Distance Selling": corresponds to the Seller's acknowledgment of receipt of payment by the Customer
I) of the Total Price for Distance Selling of Available Goods and
II) of the deposit for the Distance Selling of the Goods on Order in accordance with the provisions of article 5.1 and 5.2 hereof;
"Distance Selling": agreement by which the Seller undertakes to sell and deliver one or more Goods available or on Order to the Customer who undertakes to pay for it, organized by means of one or more techniques remote communication (internet, telephone, e-mail exchange, etc.), without the physical and simultaneous presence of the parties;
"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 GCS 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
These GCS are applicable to all Distance Selling of Goods by the Seller to the Customer. The Customer declares to have read these T&Cs before the Validation of the Distance Selling. The Validation of Distance Selling therefore constitutes sale within the meaning of Article 1425 of the Civil Code and acceptance without restriction or reservation of these GCS.
Article 4 - Entry into force and Duration
These GCS come into force upon Validation of the Distance Selling, for the duration necessary for the Delivery of the Goods, until the expiry of the guarantees and obligations owed by the Seller in accordance with Article 12 hereof.
Article 5 - Stages of the conclusion of the Distance Selling
The Distance Selling will be concluded according to the following terms:
5.1 Sale of Available Goods
⦁ The Customer must follow the following steps:
- Consult the list of available Goods offered for sale by the Seller in the catalog accessible from the Site;
- Contact the Seller by means of one or more remote communication techniques (internet, telephone, e-mail exchange, WhatsApp etc.) in order to check the availability of the selected Good(s) and to obtain all useful information on its/their characteristics in order to ensure that it (they) correspond(s) to its expectations;
- Confirm its wish to acquire the Good(s) by means of one or more remote communication techniques and send to the Seller:
- the exact address for delivery and
- the information and documents necessary for invoicing in accordance with Article 8 hereof; - Proceed to the payment of the Total Price agreed for the Good(s) that he wishes to acquire from the Seller according to the methods provided for in article 7 hereof;
- Subject to proper collection of the Total Price by the Seller, the Customer receives electronically an acknowledgment of receipt of payment validating the Distance Sale for the available Goods;
- The Good(s) are then sent to the Customer;
5.2 Sale of Goods on Order
⦁ The Customer wishing to acquire specific products not appearing on the list of available Goods offered for sale by the Seller which can be consulted from the Site, may place an Order with the Seller.
⦁ In order to place the Order, the Customer must follow the following steps:
- Contact the Seller by means of one or more remote communication techniques (internet, telephone, e-mail exchange, WhatsApp, etc.) in order to specify the characteristics of the Good(s) sought;
- Return to the Seller the Search Form duly completed;
- As soon as possible after receipt of the Search Form, the Seller will present the results of his research to the Customer by means of a remote communication technique (internet, telephone, e-mail exchange, etc.);
- If the Customer is interested in acquiring one or more Goods presented by the Seller following his research, he must:
- complete and sign an Order form for the Good(s) he wishes to acquire;
- return the Purchase Order duly completed, dated and signed to the Seller by e-mail or any other written means (sms, WhatsApp or equivalent);
- send to the Seller:
- the exact address for delivery and
- the information’s and documents necessary for invoicing in accordance with Article 8 hereof;
- Proceed to the payment of the deposit equal to 30% of the Total Price of the Order according to the methods provided for in article 7 hereof;
- Subject to the good collection of the deposit by the Seller, the Customer receives electronically an acknowledgment of receipt of the payment validating the Distance Selling of the Goods on Order;
- 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 otherwise 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, otherwise, the Seller will consider that the Customer has unilaterally renounced the sale, which the latter expressly acknowledges;
- Subject to proper receipt by the Seller of the balance of the Total Price, the Good(s) are dispatched to the Customer;
- The Customer receives by electronic means the confirmation of the shipment of the Goods acquired including, where applicable, the tracking number.
Delivery will take place at the delivery address indicated by the Customer when confirming his acquisition. ⦁ In the event that after the Validation of the Distance Sale of the Goods on 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, without any penalty;
- 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 CGV, 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, 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 Order is not definitively accepted by the Seller and, consequently, the sale is not concluded, until:
- definitive collection of the deposit by bank transfer;
- and receipt by the Customer of the notice of payment of the deposit validating the remote Order.
Article 6 - Price of Goods and Services and Conditions of Validity
The Price of the Goods are indicated in EUROS respectively by article and reference.
At the time of the Distance Sale, the price to be paid for the Goods means the Total Price.
The TAX FREE 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 sold remotely to any other address at the express request of the Customer will remain the sole responsibility of the Customer.
It is therefore recommended that the Customer contact the local authorities prior to the Validation of Distance Selling, for more information.
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.
For Distance Selling, any payment by the Customer is made by bank transfer as follows:
- The bank transfer must be issued by the Customer from a bank account of a traditional banking establishment or a well-known online bank, excluding any neo- bank, to the bank account of the Seller.
- In the event of a distance sale of Good(s) 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;
- For any transfer, the Customer must indicate the reference of the Good, as object of the payment;
- The additional bank charges generated by the processing of payments by transfer will be borne by the Customer, who expressly accepts it.
Article 8 - Invoicing
For the purposes of invoicing the Good(s) subject of Distance Selling, and in accordance with Article 3 of Law No. 1.362 of August 3, 2009, relating to the fight against money laundering, the financing of terrorism and corruption, 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 o identity document of the economic beneficiaries;
- intra-Community VAT number.
Article 9 - Delivery
9.1 Delivery method
The Seller chooses the Standard or Express Delivery Method available at the time of the Distance Selling Validation in order to obtain the best service for the Customer.
9.2. Delivery address
The Customer indicates a Delivery address to the Seller when confirming his desire to acquire one or more Goods.
The Customer is solely responsible for a lack of Delivery due to a lack of indication, an error or an inaccuracy in the address indicated to the Seller.
For security reasons, the Seller reserves the right to exclude certain countries or regions from the delivery area.
9.3. Amount of Delivery Charges
The amount of the Delivery Costs is included in the Total Price, unless otherwise agreed between the parties.
9.4. Delivery delay
Delivery times are purely indicative:
- one (1) to two (2) days for European Zone;
- three (3) to four (4) days outside Europe.
Delivery times are expressed in working days and correspond to average preparation and delivery times.
9.5. Late delivery
In the event of a delay in Delivery, the Distance Sale is not cancelled.
The carrier informs the Customer electronically or by any other means that the Delivery will take place with a delay.
In this case, the Customer is invited to contact the carrier in order to reduce delays and facilitate Delivery.
9.6. Verification of the Good(s) upon arrival
The Customer is required to check the condition of the packaging as well as the condition of the Good(s) on Delivery.
It is up to the Customer to make the reservations and complaints that he deems necessary, or even to refuse the package, when the package is obviously damaged on Delivery.
Said reservations and complaints must be addressed to the carrier according to the terms set by the latter.
The Customer must also send the Seller a copy of his claim to the carrier.
The Customer must ensure that the Goods delivered to him correspond to the Goods acquired.
In the event of non-conformity of the Goods in kind or in quality, the Customer must inform the Seller without delay by e-mail or any other written means (sms, WhatsApp or equivalent) and return, at its exclusive expense (shipping costs, possible insurance, taxes and re-import VAT), the Goods to the address indicated under the conditions of Article 11.
Article 10 - Personal data and processing
The personal information requested from the Customer is necessary for the processing and invoicing of Distance Sales.
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 11 - 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 Distance Sale, which the Customer expressly accepts for having seen them in the photographs appearing in the catalog accessible from the Site or in the photographs which will have been addressed to him directly by the Seller, 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.
In accordance with the provisions of article 10 of law n°1.383 of August 2, 2011 on the modified Digital Economy, the Consumer has a period of SEVEN (7) calendar days from receipt of the Good(s) to exercise his right of withdrawal.
The Consumer exercises his right of withdrawal in writing or on another durable medium at his disposal to which he has access.
The Goods must be returned to the Seller in the same condition and in their original packaging, at the exclusive expense of the Consumer (shipping costs, possible insurance, taxes and re-import VAT) to the address of the head office mentioned below. :
SARL C.C. WATCHES 11 Avenue Saint-Michel in MONACO
Any defect or sign of use, not present at the time of sending the Good(s) by the Seller to the Customer, will be assessed and deducted from the amount refunded to the Customer.
For complete consumer information, Sovereign Ordinance No. 6.702 of December 7, 2017 implementing Article 10 of Law No. 1.383 of August 2, 2011 on the amended Digital Economy is reproduced below:
Art. 1. The right of withdrawal provided for in Article 10 of Law No. 1.383 of August 2, 2011,
amended, referred to above, available to the consumer is exercised within seven calendar
days without having to justify reasons or pay penalties, with the exception, where applicable,
of return costs.
The consumer may derogate from this period for contracts executed in full by both parties, at his express request before he has exercised his right of withdrawal.
Art. 2.
The period mentioned in the previous article runs from the receipt for the goods or the acceptance of the offer for the provision of services
Art. 3
When the information provided for in Article 6 of Law No. 1.383 of August 2, 2011, amended,
referred to above, has not been provided, the period for exercising the right of withdrawal is
extended to three months.
However, when the provision of this information occurs within three months of receipt of the
goods or acceptance of the offer, it causes the seven-day period mentioned in the first
paragraph of Article 1 to run.
When the said seven-day period expires on a Saturday, a Sunday, a holiday or a non-working day,
it is extended until the first following working day.
Art 4
Our Secretary of State, Our Director of Judicial Services and Our Minister of State are each responsible for the execution of this order.
The return and right of withdrawal policy set out in Article 10 hereof is only applicable to Distance Selling, namely when the entire commercial transaction has been organized and concluded by means of one or several distance communication techniques (internet, telephone, e-mail exchange, etc.), without the physical and simultaneous presence of the parties.
Therefore, for any transaction initiated remotely but for which an appointment has been agreed in the Boutique, in particular to examine and/or try on the Good(s), sign an Order form, pay the Total Price or the deposit for the Goods acquired or to collect the Good(s) in the Shop, the provisions of article 10 of the General Conditions of Sale in the Seller's Shop will apply to the transaction, reproduced below:
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 Shop, 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 12 - Seller Warranties
12.1 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.
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.
12.2 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.
12.3 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 13 - Force Majeure
The performance by the Seller of its obligations under the Distance Sale of the Goods to the Customer shall be suspended in the event of the occurrence of a fortuitous event or force majeure which would hinder or delay its performance.
The Seller will notify the Customer as soon as possible of the occurrence of such a fortuitous event or force majeure.
Article 14 - Applicable law and attribution of jurisdiction
The Distance Sale 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 Distance Sale 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 15 - 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.
