GENERAL TERMS AND CONDITIONS OF SALE
Between the Company Ader Watches, 10 place Vendôme, 75001 Paris with share capital of 5000€, registered in the Paris Trade Register under number 821 582 111 R.C.S. Paris, represented by Geoffroy ADER as manager, duly authorised for the purposes hereof. The company can be reached by email by clicking on the contact form accessible via firstname.lastname@example.org.
Hereinafter the “Seller” or the “Company”.
And the natural or legal person purchasing the company’s products or services,
The “Buyer” or the “Customer” hereafter
The Seller is a publisher of products and services for the sale of unpublished AW Editions books, rare works and auction catalogues marketed via its website (https://aderwatches.com). The list and description of the goods and services offered by the Company can be consulted on the above-mentioned site as well as its sales pages.
ARTICLE 1 – PURPOSE
These General Terms and Conditions of Sale determine the rights and obligations of the parties in connection with the online sale of Products and Services offered by the Seller.
ARTICLE 2 – GENERAL PROVISIONS
These General Conditions of Sale (GCS) apply to all sales of Products or Services made through the Company’s website and are an integral part of the Contract between the Buyer and the Seller. The Seller reserves the right to modify these terms and conditions at any time by publishing a new version on its website. The GCS then applicable are those in force on the date of payment (or first payment in case of multiple payments) of the order. These General Terms and Conditions are available on the Company’s website at the following address: https://aderwatches.com/cgv. The Company also ensures that their acceptance is clear and unreserved at the time of purchase. The Customer declares that he has read all these General Terms and Conditions of Sale and, where applicable, the Special Terms and Conditions of Sale for a product or service, and accepts them without restriction or reservation. The Customer acknowledges that he has received the necessary advice and information to ensure that the offer meets his needs. The Client declares that he is legally able to contract under French law or validly represent the natural or legal person for whom he undertakes. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
ARTICLE 3 – PRICE
The prices of the products sold through the Internet sites are indicated in Euros excluding taxes and precisely determined on the pages of description of the Products. They are also indicated in euros all taxes included (VAT + other possible taxes) on the page of order of the products, and except specific expenses of forwarding. For all products shipped outside the European Union and/or DOM-TOM, the price is automatically calculated excluding tax on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These duties and sums do not fall within the Seller’s jurisdiction. They will be borne by the buyer and are his responsibility (declarations, payment to the competent authorities, etc.). The Company reserves the right to modify its prices at any time in the future. The telecommunication costs necessary for access to the Company’s Internet sites shall be borne by the Client. If applicable, also delivery charges.
ARTICLE 4 – CONCLUSION OF THE CONTRACT ONLINE
The Customer must follow a series of steps specific to each Product or Service offered for sale by the Seller in order to complete his order. However, the steps described below are systematic: – Information on the essential characteristics of the Product ; – Choice of the Product, if need be of its options and indication of the essential data of the Customer (identification, address…) ; – Acceptance of the present General Conditions of Sale. – Check the elements of the order and, if necessary, correct any errors. – Follow instructions for payment, and payment of products. – Delivery of products. The Customer will then receive confirmation by e-mail of payment for the order, as well as an acknowledgement of receipt of the order confirming it. For the delivered products, this delivery will be made to the address indicated by the Customer. In order to properly complete the order, the Customer undertakes to provide his true identification elements. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
ARTICLE 5 – PRODUCTS AND SERVICES
The essential characteristics of the goods, services and their respective prices are made available to the buyer on the company’s websites. The customer certifies to have received a detail of the expenses of delivery as well as the methods of payment, delivery and execution of the contract. The Seller undertakes to honour the Customer’s order within the limits of available stocks only. Failing this, the Seller shall inform the Customer. This contractual information is presented in detail and in French. In accordance with French law, they are summarized and confirmed when the order is validated. The parties agree that illustrations or photos of products offered for sale have no contractual value. The period of validity of the Products’ offer and their prices is specified on the products’ sales pages, as well as the minimum duration of the contracts offered when these relate to a continuous or periodic supply of products or services. Except under special conditions, the rights granted hereunder are only granted to the natural person signing the order (or the person holding the email address provided). In accordance with the legal provisions regarding conformity and hidden defects, the Seller refunds or exchanges defective products or products that do not correspond to the order. The refund can be requested by contacting the Seller by email or simple letter.
ARTICLE 6 – RESERVATION OF TITLE CLAUSE
The products remain the property of the Company until full payment of the price.
ARTICLE 7 – TERMS OF DELIVERY
The products are delivered to the address of delivery which was indicated at the time of the order and the time indicated. This delay does not take into account the preparation time of the order. When the Customer orders several products at the same time, they may have different delivery times and be shipped according to different terms. The Seller makes available a telephone contact point (cost of a local call from a fixed telephone) indicated in the order confirmation email in order to ensure the follow-up of the order. The Seller reminds that at the moment the Customer hangs physical possession of the products, the risk of loss or damage of the products is transferred to him.
ARTICLE 8 – AVAILABILITY AND PRESENTATION
Orders will be processed within the limits of our available stocks or subject to stocks available from our suppliers.
ARTICLE 9 – PAYMENT
Payment is due immediately upon order, including for pre-ordered products. The Customer may pay by credit card. The secure online payment by credit card is made by our payment provider. The information transmitted is encrypted according to the rules of the art and cannot be read during transport on the network. Once payment has been made by the Client, the transaction is debited immediately after verification of the information. In accordance with the provisions of the Monetary and Financial Code, the payment undertaking given by card is irrevocable. By communicating his banking information at the time of the sale, the Customer authorizes the Seller to debit his card for the amount relative to the indicated price. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or if it is impossible to debit the card, the Sale is immediately cancelled by operation of law and the order cancelled.
ARTICLE 10 – WITHDRAWAL PERIOD
In accordance with Article L. 121-20 of the Consumer Code, “the consumer has a period of fourteen clear days to exercise his right of withdrawal without having to justify reasons or pay penalties, except, where appropriate, return costs”. “The period referred to in the preceding paragraph shall run from the date of receipt for the goods or acceptance of the offer for the provision of services. The right of withdrawal can be exercised by contacting the Company by email or telephone. In case of exercise of the right of withdrawal within the aforementioned period, only the price of the product(s) purchased and shipping costs will be refunded, return costs remain the responsibility of the Customer. The products must be returned in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be remarketed in new condition; if possible they must be accompanied by a copy of the proof of purchase.
ARTICLE 11 – GUARANTEES
According to the law, the Seller assumes two guarantees: of conformity and relative to the hidden defects of the products. The Seller refunds the buyer or exchanges products that are apparently defective or do not correspond to the order placed. The refund request must be made by contacting the Veneur by email or by simple letter. The Seller recalls that the consumer: – has a period of 2 years from the delivery of the goods to act with the Seller – that he may choose between the replacement and repair of the goods subject to the conditions provided by the above provisions. apparently defective or only corresponding – that he is exempted from providing proof of the existence of the lack of conformity of the goods during the six months following delivery of the goods. – that, except for second-hand goods, this period shall be extended to 24 months as from 18 March 2016 – that the consumer may also claim the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code and, in this case, he may choose between rescinding the sale or reducing the sale price (provisions of Articles 1644 of the Civil Code).
ARTICLE 12 – RECLAMATIONS
If necessary, the Buyer can present any complaint by contacting the company by email or by simple letter.
ARTICLE 13 – INTELLECTUAL PROPERTY RIGHTS
The trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No transfer of intellectual property rights is made through these GTC. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
ARTICLE 14 – FORCE MAJEURE
The performance of the seller’s obligations hereunder shall be suspended in the event of the occurrence of a fortuitous event or force majeure that would prevent its performance. The seller will notify the customer of such an event as soon as possible.
ARTICLE 15 – NULLITY AND AMENDMENT OF THE CONTRACT
If one of the provisions of this contract is cancelled, this cancellation will not result in the nullity of the other provisions which will remain in force between the parties. Any contractual amendment is only valid after written and signed agreement of the parties.
ARTICLE 16 – GDPR AND PROTECTION OF PERSONAL DATA
In accordance with European data protection regulations, you have the right to query, access, modify, oppose and rectify your personal data. By adhering to these general conditions of sale, you agree that we may collect and use this data for the execution of this contract.
ARTICLE 17 – APPLICABLE DUTY
All the clauses appearing in the present general conditions of sale, as well as all the operations of purchase and sale which are referred to there, will be subjected to the French right.