- MISTER WATCH operates a B to C e-commerce space within its NICOLEVIENNA.COM website. This service is for retail only.
- Any order on this online sales area requires consultation and prior acceptance of these terms and conditions.
- The customer has the option to save and print these terms and conditions of sale using the standard features of his browser or his computer.
- The customer declares to have obtained from the MISTER WATCH Company all the necessary information regarding the use of the online sales area and the quantitative as well as the qualitative characteristics of the products.
- The customer acknowledges that he is fully aware that his agreement regarding the content of these general conditions of sale does not require the handwritten signature of this document.
- The customer also declares that the acquisition of the products is not directly related to his professional activity, their acquisition being exclusively intended for personal private and non-professional use on his part.
- As a consumer, the customer has specific rights, which would be challenged in the event that the products acquired through the website would actually relate to his professional activity.
- The customer declares to be a major or emancipated minor within the meaning of articles 476, 477 and 1124 of the Civil Code, and to have the full legal capacity to commit to these terms and conditions.
- The following terms will have the following meanings for the parties:
o "Order form": dematerialized document that indicates the characteristics of the product ordered by the customer and that must be signed by him by the so-called "positive double-click" technique to engage him;
o "Order number": number communicated by the website NICOLEVIENNA.COM in the e-mail of confirmation of the order of the customer;
o "Contractual partner": any partner of the NICOLEVIENNA.COM website other than those involved in the order processing process, using personal data for commercial prospecting purposes;
o "Product": the product term refers to the products offered for sale on the NICOLEVIENNA.COM website
o 3. OBJECT
- The purpose of these general terms and conditions is to define the rights and obligations of the parties in connection with the sale of products offered by MISTER WATCH on its online sales area, accessible through its website NICOLEVIENNA.COM.
- The fact for the buyer to order a product offered for sale on the website NICOLEVIENNA.COM means the full acceptance of these Conditions of Sale which he acknowledges having read before ordering.
- CONTRACT DOCUMENTS
- The contractual documents are in order of priority:
- these general conditions;
- purchase order.
- In case of contradiction, the higher ranking document will prevail.
- OPPOSABILITY OF THE TERMS AND CONDITIONS OF SALE
- The version of the general conditions of sale enforceable against the customer is the one appearing on the website at the time of validation of the order by the customer.
- The documents appearing on the website NICOLEVIENNA.COM prevail over any paper version of previous date.
- The general conditions of sale may be modified or deleted at any time.
- The present general conditions of sale are proposed in French language.
- PRESENTATION OF PRODUCTS OFFERED
- The website NICOLEVIENNA.COM, mentions the following information:
- the name of the seller of the product, his telephone number, the address of his registered office;
- the essential characteristics of the product offered for sale;
- delivery fees ;
- the terms of payment and delivery;
- the existence of a right of withdrawal;
- the period of validity of the offer and the price thereof.
- The customer acknowledges having, prior to placing the order, read all the information referred to in the first paragraph of this article.
- ACCESS TO ONLINE SALES SPACE
- The MISTER WATCH Company reserves the right, without notice or compensation, to temporarily or permanently close the NICOLEVIENNA.COM website or access to one or more services such as the online sales area.
- The MISTER WATCH Company is not liable for damages of any kind that may result from these changes and / or temporary unavailability or the definitive closure of all or part of the website or services associated therewith such as the online sales area.
- COMPUTING AND FREEDOM
- The information requested by the MISTER WATCH Company, in particular through the order form, is necessary to process the order.
- The customer can write to the service of personal data of the MISTER WATCH Company whose contact details are indicated in the legal notice appear online on the website NICOLEVIENNA.COM, to exercise its rights of access and rectification to the information concerning him and contained in the files of the MISTER WATCH Company under the conditions prescribed by the law of 6 January 1978 as amended.
- In order to update the personal data relating to the customer, the latter undertakes to provide at the request of the Company MISTER WATCH all the information that will be requested.
- COMPUTING AND FREEDOM
9.1 Identification and acceptance of the general conditions of sale
- The customer wishing to conclude these general conditions of sale undertakes to provide the information requested in advance from the forms available online on the NICOLEVIENNA.COM website.
- The customer further certifies the truthfulness and accuracy of the information thus transmitted.
- The contracting procedure includes the following steps:
- step 1: referencing the mandatory fields of the identification and information forms; The customer can, at this stage, identify the errors made in the entry of his data and correct them;
- Step 2: consultation of the general conditions of sale;
- step 3: acceptance of all the general conditions of sale by validating the order.
- step 4: possibility for the customer to place an order;
- Step 5: The NICOLEVIENNA.COM website acknowledges receipt of the customer's order without delay and electronically.
- The customer is informed that these terms and conditions are archived by the website NICOLEVIENNA.COM, and that he can access the archived contract. For this purpose, he / she must send a registered letter with acknowledgment of receipt to the Mister Watch Ibarron Ihintza 64310 St Pée sur Nivelle.
Company registered with the Commerce and Companies Register of Bayonne: 452 016 595
- The customer guarantees the MISTER WATCH Company against any recourse or claim of a third party regarding an illegal registration under the terms of these general conditions of sale.
- If an order is fraudulent or presumed to be fraudulent, it will be considered null and void.
9.2 Order taking
- Orders placed by the customer are made via dematerialized purchase orders.
- Any purchase order signed by the customer by "double click" constitutes an irrevocable acceptance, which can be questioned only in the cases exhaustively provided for in these general conditions to the articles "Right of withdrawal" and "Execution of the order ".
9.3 Confirmation of contractual information
- The contractual information will be confirmed, in good time and at the latest at the time of delivery, by e-mail to the email address specified by the customer on the order form.
- This confirmation email will include the following information:
- the summary of your order (date, amount and number of the order)
- the precise content of the order
- the delivery address of the order
- order tracking information
- It is the responsibility of the customer, under his responsibility, to keep on the support of his choice the contractual information received from the NICOLEVIENNA.COM website.
9.4 Right of withdrawal
- In accordance with article n ° 2014-344 of March 17, 2014 of the French Consumer Code, the customer has a period of 14 working days from the date of receipt of his package to exercise his right to legal retraction, ie to return, at its expense, products that are not suitable.
- He is not obliged to give reasons for his retraction, he may nevertheless inform the NICOLEVIENNA.COM website via the retraction form downloadable from the shipping confirmation e-mail. He will receive by email an acknowledgment of receipt indicating the consideration of his withdrawal.
- In the case of a retraction of product, it must be returned to MISTER WATCH in its original packaging and the product must remain marketable, so that the customer can benefit from the right of withdrawal. The Product must be returned to the Company Mister Watch Ibarron Ihintza 64310 St Pée sur Nivelle France.
- This right of withdrawal is exercised without penalty.
- In the case of exercise of the right of withdrawal, the customer may request an exchange, a credit or refund of sums paid. This refund will be made as soon as possible and no later than 30 days after the receipt by Mister Watch of the package returned.
- Any refunds will be automatically returned to the return of the products ordered in their original packaging and in a condition allowing their remarketing, to the Company Watch Mister Ibarron Ihintza 64310 St Pée sur Nivelle.
The corresponding sums will be sent to the refunding customer via a similar means to the payment, or not causing additional costs for the customer.
9.6 Execution of the order
- The order will be executed at the latest in an indicative period of 30 days as from the day following that which the customer placed his order.
- In case of unavailability of the ordered product, the customer will be informed at the earliest and will have the opportunity to change the product, to cancel the order or to be reimbursed any sums paid, within 14 days at the latest. their payment.
- In addition, the website NICOLEVIENNA.COM informs its customer that in case of unavailability of stocks, the website NICOLEVIENNA.COM may temporarily close its online sales area and may indicate a date of reopening of this space.
- During the closing time of the online sales area, the customer will not be able to order products.
- The shipping time of the product is indicated explicitly in working days on each product page of the website NICOLEVIENNA.COM
- The products are delivered to the address indicated by the customer on the order form.
- When the customer orders several products at the same time, the NICOLEVIENNA.COM website reserves the possibility of splitting shipments or, on the contrary, of grouping several orders from the same customer with the same delivery address.
- The customer can request on line from the dedicated shop for this purpose, the website NICOLEVIENNA.COM sending an invoice to its delivery address or any other address of his choice.
9.8 Method of payment
- To settle the order, the customer has, at his choice, all the payment methods referred to in the order form.
- In case of payment by credit card on this site, the website NICOLEVIENNA.COM uses the security system 3-D Secure, specialized provider of secure online payments. We guarantee the total confidentiality of your banking information, secured by the SSL (Secure Socket Layer) protocol, which automatically checks the validity of access rights when you pay by credit card and encrypts all exchanges in order to guarantee its validity. confidentiality.
- The credit card transaction between the customer and the secure system is fully encrypted and protected. This means that the information related to your order and the number of your credit card do not circulate in clear on Internet. The customer's bank details are not stored electronically on the NICOLEVIENNA.COM website.
9.9 Order Tracking Service
- From this service, the customer can access the following operations:
- activation of the right of withdrawal; possibility of canceling the order in accordance with the conditions defined in these general conditions;
- consultation of the status of the execution of the order and the possibility of making claims in case of non-receipt of the product.
- The aforementioned operations will be sent by the customer to the MISTER WATCH Company by mail form from the NICOLEVIENNA.COM website or by mail to the following address: Ibarron Ihintza 64310 ST PEE SUR NIVELLE
9.10 Cancellation of the order
- the website NICOLEVIENNA.COM reserves the right to cancel or refuse any order from a customer with whom there is a dispute over the payment of a previous order. The website NICOLEVIENNA.COM reserves the right not to send the order in the case, where our company believes it is necessary to verify that the person holding the means of payment was not a victim of fraud. For this, we reserve the right to contact the customer to make sure and to use one of our partners Certissim and SELLsecure, specialists in the fight against fraud on the Internet.
- Prices related to the order of the products are indicated on the dedicated online sales area for this purpose.
- Prices are displayed in euros, in amount inclusive of VAT
- The prices take account of the VAT applicable on the day of the order and any change of the rate applicable to the VAT will be automatically passed on the prices of the products of the sales area.
- In case of order to a country other than Metropolitan France or the European Union, you are the importer of the products concerned. For some products shipped outside the European Union and DOM-TOM, the price will be calculated excluding taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable. These rights and sums are not within the purview of the website NICOLEVIENNA.COM. They will be the responsibility of the customer and are under his full responsibility, both in terms of declarations and payments to the authorities and / or competent bodies of his country.
- All orders regardless of their origin are payable in euros.
- The website NICOLEVIENNA.COM reserves the right to change prices at any time but the products will be billed based on the rates in effect at the time of registration orders.
- TITLE RETENTION CLAUSE
- The sold products do not become the full property of the customer until the perfect payment of the price indicated on the purchase order.
- By perfect payment of the price, the parties hear the cashing by the web site NICOLEVIENNA.COM of the payment of the customer, expenses and taxes included.
- DEFECTIVE PRODUCTS
- The customer is expressly informed that the website NICOLEVIENNA.COM is not the producer of the products presented within the meaning of the Law n ° 98-389 of May 19, 1998 relating to the responsibility for defective products.
- Consequently, in the event of damage caused to a person or a good by a defect of a product presented within the framework of the website NICOLEVIENNA.COM, only the responsibility of the producer of this one will be able to be sought by the customer , based on the information on the product packaging.
- Your watch is warranted for two years from the date of purchase according to the terms and conditions of its manufacturer's warranty.
The watch manufacturer's warranty covers:
- Any defects in material and workmanship. The movement of the watch, the hands and the dial are the only elements guaranteed during this period.
- Any component covered by the warranty will be repaired or the watch will be replaced free of charge provided that defects in material or workmanship occur under normal use.
- In case of replacement, the website MISTERWATCH.FR can not guarantee that you will receive a watch of the same model. If your model is not available, a watch of equivalent value or similar style will be provided.
This warranty does not cover:
- The defects of material or manufacture of the battery, the case, the glass or the bracelet.
- Damage resulting from improper use, lack of attention, accident or normal wear and tear.
- Damage caused by water unless the watch is marked "waterproof".
This warranty is void if the watch has been damaged by accident, negligence of persons other than authorized agents and representatives of the manufacturer, unauthorized services or other factors other than defects in material or workmanship.
If the problem you encounter with your watch is not covered by the warranty or if your warranty has expired, the NICOLEVIENNA After-Sales Service (SAV) will send you an estimate by e-mail or by post taking up the amount of necessary repairs. NICOLEVIENNA SAV will proceed with repairs only after acceptance of the quotation from you.
For jewelry manufacturer's warranty is limited to the legal warranty that covers any defect in material or workmanship.
- EVIDENCE AGREEMENT
- The computerized records stored in the computer systems of the website NICOLEVIENNA.COM, will be kept under reasonable conditions of safety and considered as proof of communications, orders and payments between the parties.
- The filing of purchase orders and invoices is done on a reliable and durable support that can be produced as evidence.
- The customer must have a password to be able to order within the website NICOLEVIENNA.COM
- The customer is solely responsible for the preservation and confidentiality of his password.
- The customer undertakes to take any useful measure to ensure this perfect confidentiality.
- The customer agrees to notify, without delay, any loss, omission or disclosure, voluntary or otherwise, to third parties of his password.
- This notification must be sent to the website NICOLEVIENNA.COM and confirmed by registered letter with acknowledgment of receipt.
- The website NICOLEVIENNA.COM will interrupt access to the service and will refuse any access or order, under this password, within 24 hours of receipt of the registered letter with acknowledgment of receipt. Only the date of delivery of registered mail is valid between the parties.
- RESPECT FOR THE INTEGRITY OF ACCESSIBLE ELEMENTS ON THE ONLINE SALES SPACE
- The customer agrees not to damage, illegally access or modify the data stored on the website NICOLEVIENNA.COM under penalty of criminal prosecution.
- INTELLECTUAL PROPERTY RIGHTS
- The items belonging to the MISTER WATCH Company, such as the website, the brand, the designs, the images, the texts and the design of the product are the exclusive property of MISTER WATCH.
- These general conditions of sale do not imply any transfer of any kind of intellectual property right on the elements belonging to the website NICOLEVIENNA.COM (sounds, photographs, images, literary texts, artistic works, software, trademarks, charters graphics, logos ...) for the benefit of the customer.
- The client is prohibited from directly or indirectly infringing the property rights of MISTER WATCH.
- The producers undertake that the proposed products comply with the French legislation in force. Consequently, in case of nonconformity of a product presented in the frame of the website NICOLEVIENNA.COM, only the responsibility of the producer of this one will be able to be sought by the customer. The responsibility of the website NICOLEVIENNA.COM is only distributor and can not be engaged in case of non-compliance with the legislation of the country where the products are delivered (for example in case of prohibition of an ingredient ...) . It is up to the customer to check with the local authorities the possibilities of importing or using the products or services that you intend to order.
- the NICOLEVIENNA.COM website is only responsible for the content of the pages it sells online.
- INDEPENDENCE OF THE PARTIES
- Neither party will make any commitment on behalf of and on behalf of the other.
- Each party remains solely responsible for its acts, allegations and commitments.
- FORCE MAJEURE
- Cases of force majeure will suspend the execution of the online sales area.
- These general conditions of sale are governed by French law.
2. This is so for the substantive rules as for the rules of form.