GENERAL TERMS OF SALE
Article 1 - LEGAL NOTICE
This site, accessible at the URL https://neucarl.com (the "Site"), is:
Operated under the trademark Neucarl, or Neucarl Watches.
Edited by Allure Developpement, a simplified joint-stock company with a capital of 1000 euros, registered with the RCS of Montpellier, France, under number 879 849 396, whose head office is located at 450 rue Baden Powell, 34000 Montpellier, France, represented by François Carlier duly authorized.
(Hereinafter referred to as the "Operator").
The Site is hosted by Weblfow Inc., located at 398 11th Street, 2nd Floor, San Francisco, CA 94103. The Site's publication director is François Carlier.
The Operator can be reached at the following telephone number +33 423 160 020 and at the following email address email@example.com.
Article 2 - GENERAL PROVISIONS RELATING TO THESE GENERAL CONDITIONS
The general conditions of sale (the "General Conditions of Sale" or the "GTC") are applicable exclusively to the online sale of products offered by the Operator on the Website. The GTC are made available to customers on the Site where they can be viewed directly and can also be communicated to them on request by any means. The GTC are enforceable against the customer who acknowledges, by checking a box or clicking on the button provided for this purpose, to have read and accepted them before placing an order. The validation of the order by its confirmation constitutes acceptance by the buyer of the GTC in force on the day of the order, the conservation and reproduction of which are ensured by the Operator.
Article 3 - PRODUCT DESCRIPTION
The Site is an online sales site for Watches and accessories (hereinafter the “Product (s)”) open to any natural or legal person using the Site (the “Customer”). The Products presented on the Site are each subject to a description (established by the supplier or accessible on the manufacturer's site by a link on the Site) mentioning their essential characteristics. The photographs illustrating, where applicable, the products do not constitute a contractual document. The instructions for the use of the Product, if it is an essential element, appears on the Site or is sent at the latest on delivery. The Products comply with the requirements of French law in force.
The Customer remains responsible for the terms and consequences of his access to the Site, in particular via the Internet. This access may involve the payment of fees to technical service providers such as, in particular, Internet service providers, which remain at its expense. In addition, the Customer must provide and be fully responsible for the equipment necessary to connect to the Site. The Customer acknowledges having verified that the IT configuration he uses is secure and in working order.
Article 4 - PLACING AN ORDER
To place an order on the Site, the Customer have to:
• Provide real, accurate, up-to-date information at the time of entry into the service registration form, and in particular not to use false names or addresses, or names or addresses without being authorized to do so.
• Keep registration data up-to-date in order to constantly guarantee their real, exact, and up-to-date character.
The Customer also undertakes not to make available or distribute information that is illicit or objectionable (such as defamatory or constitutive information constituting theft of identity) or even harmful (such as viruses). Otherwise, the Operator will be able to suspend or terminate the Customer's access to the Site at his sole fault.
Article 5 - ORDERS MANAGEMENT
The Operator strives to ensure optimum availability of its Products. Product offers are valid while stocks last. If, despite the Operator's best efforts, a Product turns out to be unavailable after the Customer has ordered, the Operator will inform the Customer by email as soon as possible, and the Customer will have the choice between:
• The delivery of a Product of quality and a price equivalent to that initially ordered, or
• Reimbursement of the price of the Product ordered within thirty (30) days of payment of the sums already paid at the latest.
Article 6 - TERMS OF PAYMENT AND SECURITY
The Customer expressly acknowledges that any order placed on the Site is an order with an obligation to pay, which requires the payment of a price against the supply of the Product ordered.
In any event, the Operator reserves the right to check the validity of the payment, before shipping the order, by all necessary means.
The Operator uses the Webflow e-commerce solution, which itself uses the Stripe secure payment solution. Orders can be paid using any of the following payment methods:
• Payment by credit card. Payment is made directly on the Stripe platform's secure banking servers of the Stripe platform, the customer's bank details not passing through the Site. The bank details provided during payment are protected by an SSL (Secure Socket Layer) encryption process. In this way, this information is not accessible to third parties.The customer's order is recorded and validated upon acceptance of payment by the bank.The customer's account will only be debited for the corresponding amount when (i) the credit card data used has been verified and (ii) the debit debt has been accepted by the bank that issued the credit card. The inability to debit the amounts due will result in the immediate nullity of the sale. The bank card may, in particular, be refused if it has expired, if it has reached the maximum amount of expenditure with the customer on the right or if the data entered is incorrect.
• Payment by electronic wallet (Paypal type). The customer already has an account on the electronic wallet used by the operator. The customer can use this account and pay for his order safely without providing his bank details.
• Payment by bank transfer. The Customer can pay for his order by bank transfer via the secure Stripe platform. . Orders are made within 48 hours of receipt of the transfer.
Where applicable, the order validated by the customer will only be considered effective when the secure bank payment center has given its agreement to the transaction.As part of the control procedures, the operator may have to ask the customer for all the parts necessary to finalize his order. These parts will not be used for purposes other than these.
It is agreed that apart from the reimbursement of the price of the unavailable Product, if this option is requested by the Customer, the Operator is not liable for any cancellation compensation unless the non-performance of the contract is personally attributable to him. With the exception of any indication to the contrary in these General Conditions and without prejudice to the right of withdrawal provided for by applicable law, the Customer's orders are firm and final.
When placing an order, the Customer must select the chosen Products, add them to his basket, indicating the selected Products and the desired quantities. The Customer has the possibility to check the details of his order and its total price and to return to the previous pages to possibly correct the contents of his basket before validating it.
The Customer agrees to read the Ge neral Conditions of Sale than in force before accepting them and confirming the terms and any costs of delivery and withdrawal prior to payment of his order. Confirmation of the order implies acceptance of the GTC and forms the contract.
The contractual information relating to the order (including, in particular the order number) will be confirmed by e-mail in good time and at the latest at the time of delivery. The Operator strongly advises the Customer to print and / or archive this order confirmation on a reliable and durable medium as proof. A digital payment receipt will be sent to the customer within 24 hours of ordering. A digital invoice will be sent to the customer when the order is shipped. The Operator also advises the Customer to print and / or archive this invoice on a reliable and durable medium as proof.
Any email that will be sent to the Customer as part of an order will be sent to the email address that the Customer provides when confirming his order.
The Operator reserves the right not to validate the Customer's order for any legitimate reason, in particular in the event that:
The Customer would not respect the General Conditions in force when ordering;
The Customer's order history shows that sums are still due for previous orders;
One of the Customer's previous orders is the subject of a dispute being processed;
The Customer did not respond to a request for confirmation of his order that the Operator sent him.
The Operator archives the Product sales contracts in accordance with applicable legislation. By making a request to the following address firstname.lastname@example.org, the Operator will give the Customer a copy of the contract that is the subject of the request. Any modification of the order by the Customer after confirmation of his order is subject to the agreement of the Operator.
The information communicated by the Customer when placing the order (in particular name and delivery address) binds the latter. Thus, the responsibility of the Operator can in no way be sought in the event that an error when placing the order would prevent or delay delivery / delivery. Any additional delivery costs caused by an error in the delivery address may be requested from the customer. The Customer declares to have the full legal capacity allowing him to engage under these General Conditions.
The order is open to able adults and minors on the condition that they intervene under the supervision of the parent or guardian with parental authority. In any case, the order is not authorized on behalf of third parties unless you are validly authorized to represent it (a legal person for example). The order is strictly personal to each Customer.
In the event of a breach by the Customer of any of the provisions hereof, the Operator reserves the right to terminate the said Customer's account without notice.
Article 10 - SHIPPING AND DELIVERY
The online sales offers presented on the site are reserved for consumers residing in the countries mentioned in the drop-down list on the delivery information collection page and for deliveries in these same geographical areas. Delivery means the transfer to the Customer of physical possession or control of the Product.
The Operator, at its sole discretion, uses different delivery or delivery methods depending on the nature of the product and the destination in particular. For information, the operator mainly uses the services of DHL.
The shipping costs are those specified during the finalization of the order and are accepted by the validation of the order. The Operator undertakes, for the Products advertised as "In Stock," in accordance with the delivery period indicated on the Site for each of the Products, to deliver the Products within a maximum period of thirty (30) days after receipt of the order. . .
Delivery times are announced in working days on the Site when ordering. These deadlines include the preparation and shipment of the order as well as the deadlines provided by the carrier. The Operator undertakes to ship the Products within the deadlines announced on each Product Sheet and at basket level, provided that payment for the order has not been refused beforehand. However, if one or more Products could not be delivered within the period initially announced, the Operator will send an email informing the Customer of the new delivery date.
The Products will be delivered to the address indicated by the Customer when ordering. It is, therefore, up to him to check that this address does not contain errors. The Operator cannot be held liable if the address provided by the Customer is incorrect, thus preventing or delaying delivery. Upon delivery, you may be asked to sign a receipt. No delivery will be made to a PO box. On delivery, it is the Customer's responsibility to verify that the Products delivered comply with their order and that the package is sealed and not damaged. If this is not the case, the Customer must indicate this on the delivery note. No claim on the quantity or condition of the Product will be accepted if the claim has not been made on the delivery note.
Article 11 - RIGHT OF WITHDRAWAL
If a delivered Product does not give full satisfaction to the Customer, the latter may return it to the Operator. The Customer will have fourteen (14) days to do so from the date of receipt of the order.
In accordance with article L.221-21 of the Consumer Code and in order to implement this right of withdrawal under the conditions of articles L. 221-18 et seq. From the Consumer Code, the Customer is invited to complete the standard withdrawal form by clicking on the link below [Link to the withdrawal form]. The Operator will send an acknowledgment of receipt of the Customer's withdrawal request by email. If necessary, the Customer may exercise his right of withdrawal by notifying the following information to the Operator:
Name, geographic address, telephone number, and email address;
The decision to withdraw by means of an unambiguous declaration (for example, a letter sent by post, fax, or e-mail when these contact details are available and therefore appear on the standard withdrawal form). The Customer can use the model withdrawal form, but this is not mandatory.
The return costs are the responsibility of the Customer, in which case the Operator will recover the Product at its expense. The same provider must carry out return shipping for the outward journey; this provider has been chosen for objective reasons. Return shipping is the responsibility of the Customer, who is responsible for packaging and protecting the Product appropriately.
The exceptions of Article L.221-28 of the Consumer Code apply and prevent the exercise of the right of withdrawal, especially if the order consists of a contract:
•The provision of services fully performed before the end of the withdrawal period and whose performance has begun after the express prior consent of the consumer and express waiver of his right of withdrawal;
•The supply of goods or services, the price of which depends on fluctuations on the financial market beyond the control of the professional and likely to occur during the withdrawal period;
• The supply of goods made to the consumer's specifications or clearly personalized;
•The supply of goods liable to deteriorate or expire rapidly;
•The supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
•The supply of goods which, after having been delivered and by their nature, are inseparably mixed with other articles;
•The supply of alcoholic beverages, the delivery of which is deferred beyond thirty (30) days and whose value agreed after the contract depends on fluctuations in the market beyond the control of the professional;
•Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency;
•The supply of audio or video recordings or computer software when the consumer has unsealed them after delivery;
•The supply of a newspaper, periodical, or magazine, except for subscription contracts to these publications;
• Concluded at a public auction;
•The provision of accommodation services, other than residential accommodation, goods transport services, car rental, catering or leisure activities which must be provided on a specific date or period;
•For the supply of digital content not supplied on a physical medium, the execution of which has begun after the express prior consent of the consumer and express waiver of his right of withdrawal.
The returned Product must be in its original packaging, in perfect condition, suitable for resale, unused, and with all possible accessories.
In addition to the returned Product, the return package must also contain a letter specifying the exact contact details (surname, first name, address) of the Customer and the order number, and the original purchase invoice.
The Operator will reimburse the Customer for the amount of the Product within fourteen (14) days of receipt of the Product and all of the elements, making it possible to implement the Customer's reimbursement. This reimbursement may be made by the same means of payment as that used for the Customer. As such, the Customer who has paid for his order in the form of credits/gift credits/gift vouchers may be reimbursed by credits/gift vouchers according to the Operator's wishes.
By accepting these General Conditions of Sale, the Customer expressly acknowledges having been informed of the terms of withdrawal.
Article 12 - CUSTOMER SERVICE
The Customer can contact the Operator:
On the following number +33 423 160 020 on the following day and opening hours, Monday-Friday 10 am-5 pm;
By email by contacting email@example.com indicating his name, telephone number, the subject of his request, and the number of the order concerned.
Article 13 - INTELLECTUAL PROPERTY AND LICENSE TO USE THE SITE
The Operator is the sole owner of all the elements present on the Site, in particular, and without limitation, all texts, files, images, animated or not, photographs, videos, logos, designs, models, software, brands, visual identity, database, the structure of the Site and all other elements of intellectual property and other data or information (hereinafter, the “Elements”) which are protected by French and international laws and regulations relating in particular to intellectual property.
Consequently, none of the Elements of the Site may in whole or part be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcast, represented, stored, used, rented, or exploited in any other way. , free of charge or for a fee, by a Customer or by a third party, whatever the means and/or media used, whether known or unknown to date, without the prior express written authorization of the Operator case by case.The Operator reserves the right to take all legal remedies against persons who have not complied with the prohibitions contained in this article.
ARTICLE 14 - LIABILITY AND GUARANTEE
The Operator cannot be held responsible for the non-performance of the contract by the Customer or due to an event qualified as force majeure by the competent courts or for the unforeseeable and insurmountable fact of any third party herein.
The Customer recognizes that the Internet's characteristics and constraints of the Internet do not guarantee the security, availability, and integrity of data transmissions on the Internet. Thus, the Operator does not guarantee that the Site and its services will operate without interruption or operating error. In particular, their operation may be temporarily interrupted for reasons of maintenance, updates, or technical improvements, or to improve the content and / orand/or their presentation.
The Operator cannot be held responsible for the use that would be made of the Site and its services by Customers in violation of these General Conditions and any direct or indirect damage that such use could cause to a Customer or a third party. In particular, the Operator cannot be held responsible for false declarations made by a Customer and for his behavior towards third parties. If the Operator is held liable for such behavior by one of its Customers, the latter undertakes to guarantee the Operator against any conviction pronounced against it and reimburse the Operator of all costs, including attorneys' fees, incurred in its defense.
Regardless of any additional contractual guarantee (commercial guarantee) that may be granted, the Products benefit from the legal guarantee of conformity provided in Articles L. 217-4 et seq. Of the Consumer Code (in particular L. 217-4 to L. 217 -14 of the Consumer Code), the guarantee against hidden defects provided for in articles 1641 to 1649 of the Civil Code.
When you act within the framework of the legal guarantee of conformity:
You have a period of two (2) years from the delivery of the goods to act:
You can choose between repairing or replacing the item, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;
You are exempt from providing proof of the existence of the goods' lack of conformity during the twenty-four (24) months following delivery of the goods (except second-hand goods).
You can decide to implement the guarantee against hidden defects of the item sold within the meaning of article 1641 of the Civil Code. In this case, you can choose between the cancellation of the sale or a reduction of the sale price following article 1644 of the Civil Code.
Reproduction of articles L. 217-4, L. 217-5, L. 217-7, L. 217-9 and L. 217-12 of the Consumer Code, of article 1641, 1644 and the first paragraph of Article 1648 of the Civil Code, as in force on the date of these General Conditions of Sale:
Art. L.217-4 of the Consumer Code:
“The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. It is also responsible for any lack of conformity resulting from the packaging, the assembly instructions, or the installation when this has been charged to it by the contractor has been carried out under its responsibility. "
Art. L.217-5 of the Consumer Code:
"The good conforms to the contract:
1 ° If it is suitable for the use usually expected of a similar good and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2 ° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. "
Art. L.217-7 of the Consumer Code:
"The lack of conformity which appears within a period of twenty-four months from the delivery of the goods are presumed to exist at the time of delivery unless proven otherwise.
For second-hand goods sold, this period is set at six months.
The seller can challenge this presumption if it is not compatible with the nature of the goods or the lack of conformity invoked. "
Art. L.217-9 of the Consumer Code:
“In the event of a lack of conformity, the buyer chooses between repair and replacement of the good. However, the Operator may not proceed according to the buyer's choice if this choice entails a manifestly disproportionate cost about the other modality, taking into account the value of the goods or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer ”.
Art. L.217-12 of the Consumer Code:
“The action resulting from the lack of conformity lapses two years after delivery of the goods. "
Art. 1641 of the Civil Code:
"The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer has not acquired it, or would have given a lower price if he had known them. "
Art. 1644 of the Civil Code:
“In the case of articles 1641 and 1643, the purchaser has the choice to return the thing and have the price returned, or to keep the thing and have part of the price returned. "
Art. 1648 paragraph 1 of the civil code:
“The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.
It is recalled that the search for amicable solutions before a possible legal action does not interrupt the time limits for the action of legal guarantees or the duration of any possible contractual guarantee.
ARTICLE 15 - COMMERCIAL GUARANTEE
The commercial guarantee (contractual commitment of the Operator, in addition to its legal obligations relating to the guarantee of conformity of the Products) is the subject of a written contract following the provisions of Articles L. 217-15 et seq. Of the Code of trade, a copy of which is given to the Customer.
ARTICLE 16 - AFTER-SALES SERVICE
The after-sales services provided by the Operator and not covered by the commercial guarantee are subject to a contract, a copy given to the Customer. The Customer will be reimbursed for the return postage no later than thirty (30) days following receipt of the product by the Operator.
ARTICLE 17 - PERSONAL DATA
Article 18 - HYPERTEXT LINKS
The hypertext links available on the Site may refer to third-party sites not published by the Operator. They are provided solely for the convenience of the Customer to facilitate the use of resources available on the Internet. If the Customer uses these links, he will leave the Site and then agree to use third-party sites at his own risk or, where applicable, following the conditions governing them.
The Operator invites the Customer to notify him of any hypertext link on the Site that would allow access to a third party site offering content contrary to laws and/or good morals.The Customer may not use and/or insert a hypertext link pointing to the site without the Operator's prior written consent on a case-by-case basis.
ARTICLE 19 - REFERENCES
The Customer authorizes the Operator to mention the Customer's name, logo as a reference in its communication media (brochure, website, commercial proposal, relations with the press, press release, press kit, internal communication, etc. .)
ARTICLE 20 - GENERAL PROVISIONS
ENTIRE AGREEMENT OF THE PARTIES
These General Conditions constitute a contract governing the relationship between the Customer and the Operator. They constitute all of the rights and obligations of the Company and the Operator relating to their purpose. If one or more stipulations of these General Conditions were declared invalid in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force and their scope. Also, the fact that one of the parties to these General Conditions does not invoke a breach by the other party of any of these General Conditions' provisions cannot be interpreted as a waiver on its part to take advantage in the future of such a breach.
MODIFICATIONS OF CONDITIONS
The operator reserves the right to modify the site's content or the services available there at any time and without notice, and/or to cease, temporarily or permanently, to operate all or part of the site. Besides, the Operator reserves the right to modify at any time and without notice the site's location on the Internet, as well as and these general conditions. The Customer is therefore required to refer to the General Conditions before using the Site.
The Customer acknowledges that the operator cannot be held liable in any way towards him or any third party as a result of these modifications, suspensions, or cessations. The Operator advises the Customer to save and/or print these General Conditions for safe and durable storage, and thus to invoke them at any time during the execution of the contract if the contract.
COMPLAINTS - MEDIATION
In the event of a dispute, you must first contact the company's customer service at the following coordinates: firstname.lastname@example.org
These general conditions are governed, interpreted, and applied following French law.
ACCEPTANCE OF THE GENERAL CONDITIONS BY THE CUSTOMER
The Customer acknowledges having carefully read the General Conditions. By ordering on the Site, the Customer confirms having read and accepted the General Conditions, making him contractually bound by the General Conditions terms.
The General Conditions applicable to the Customer are those available on the day of the order; a copy dated to date can be given to the Customer at his request. Therefore, it is specified that any modification of the General Conditions which could be made by the Operator shall do not apply. 'will not apply to any order placed previously, except with the express agreement of the customer at the origin of a given order.
SPECIFIC TERMS OF SALE APPLIED TO PREORDERS
- The Client, by completing the online pre-order form on the website neucarl.com and by paying the pre-order fee, is entitled to be placed on the waiting list for the order of a Neucarl The Sept Mai Watch which should be available for around the date given on the sales page.
- The Client can cancel his pre-order at any time during 14 days after its payment, by contacting email@example.com – The Company will refund 100% of the paid amount to the Client within 14 working days upon reception of the cancellation.
- As pre-orders consist of making a specific product in a precise quantity on-demand, no refund will be possible after the proposed 14-day withdrawal period has passed, since the sums are then definitively committed to the production of the reserved models.
- However, suppose the number of pre-orders is not sufficient to start production of the product. In that case, the Client will be fully refunded.
- Around 15 days before the Neucarl Product production begins, the Company will contact the Client by any mean to let him know about the success of the funding.
- Around 30 days before the Neucarl Product is shipped, the confirmation of the delivery address will be requested by email from the Client in order to avoid the vagaries of delivery.
- The Client acknowledges that his pre-order confirmation and payment are personal and can't be assigned or transferred without the prior consent of the Company.