TERMS AND CONDITIONS OF SALE

Effective as of 26/11/2021

ARTICLE 1 – Champ d’application

These General Terms and Conditions of Sale (“GTCS”) apply, without restriction or reservation, to all sales concluded by the Vendor with non-professional purchasers (“the Customer”) wishing to acquire the products offered for sale (“the Products”) by the Vendor on the www.beuchat.com website. The Products offered for sale on the site are as follows:

Waterproof watches BEUCHAT Chronographs

The main characteristics of the Products, and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the www.beuchat.com website, which the customer is obliged to read before ordering.

The choice and purchase of a Product are the sole responsibility of the Customer.

Product offers are subject to availability, as specified when the order is placed.

These terms and conditions are available at any time on the www.beuchat.com website and shall prevail over any other document.

The customer declares that he/she has read and accepted these GTC by ticking the appropriate box before placing an order online at www.beuchat.com.

In the absence of proof to the contrary, the data recorded in the Vendor’s computer system constitutes proof of all transactions concluded with the Customer.

 

The Seller’s contact details are as follows:

B PLUS / BEUCHAT, S.A.

Share capital of 213428.62 euros

Registered with the RCS of PARIS, under number B338751100

30, rue du Théâtre – 75015 PARIS

Email : beuchat@beuchat.com

Telephone: 01 53 78 07 01

Intracommunity VAT number FR26338751100

 

The Products presented on the www.beuchat.com website are offered for sale in the following territories:

ALL OVER THE WORLD

In the event of an order to a country other than metropolitan France, the Customer is the importer of the Product(s) concerned.

For all Products shipped outside the European Union and French overseas departments and territories, the price will automatically be calculated exclusive of tax on the invoice.

Customs duties or other local taxes or import duties or state taxes may be payable. They are the sole responsibility of the Customer.

 

ARTICLE 2 – Prix

The Products are supplied at the current prices shown on the www.beuchat.com website, at the time the order is registered by the Vendor.

Prices are given in Euros, excluding VAT and including VAT.

Prices take into account any discounts offered by the Seller on the www.beuchat.com website.

These prices are firm and non-revisable during their period of validity, but the Seller reserves the right to modify them at any time outside their period of validity.

Prices do not include processing, shipping, transport and delivery charges, which are invoiced in addition, under the conditions indicated on the site and calculated before the order is placed.

The payment requested from the Customer corresponds to the total amount of the purchase, including these charges.

An invoice is issued by the Vendor and given to the Customer upon delivery of the Products ordered.

 

ARTICLE 3 – Commandes

It is the Customer’s responsibility to select the Products they wish to order on the www.beuchat.com website, in accordance with the following procedures:

1/ the customer selects one or more products which automatically go into the basket
2/ this basket can be modified
3/the basket must be validated
4/ the customer must make the payment
5/ the customer must ensure that he/she has given full details of the delivery address, telephone number, street number, building number, staircase number, access codes, intercom, name and telephone number as well as e-mail address.

Product offers are valid as long as they are visible on the site, while stocks last.

The sale will not be considered valid until full payment has been received. It is the Customer’s responsibility to check the accuracy of the order and to report any errors immediately.

Any order placed on the www.beuchat.com website constitutes the formation of a distance contract between the Customer and the Vendor.

The Vendor reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.

ARTICLE 4 – Conditions de paiement

The Products ordered by the Customer will be delivered in Metropolitan France or in the following zone(s):

ALL OVER THE WORLD.

Deliveries are made within 48 H FOR METROPOLITAN FRANCE FOR OTHER DESTINATIONS ACCORDING TO THE DEADLINES PROVIDED BY THE TRANSPORTERS to the address indicated by the Customer when ordering on the site.

Delivery is constituted by the transfer to the Customer of physical possession or control of the Product. Except in special cases or when one or more Products are unavailable, all Products ordered will be delivered at once.

The Vendor undertakes to use its best efforts to deliver the products ordered by the Customer within the time limits specified above.

If the Products ordered have not been delivered within 15 DAYS FOR METROPOLITAN FRANCE after the indicative delivery date, for any reason other than force majeure or the fault of the Customer, the sale may be cancelled at the written request of the Customer under the conditions set out in articles L 216-2, L 216-3 and L241-4 of the French Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen days of the date of termination of the contract, to the exclusion of any compensation or deduction.

Deliveries are made by an independent carrier, to the address given by the Customer at the time of ordering and to which the carrier has easy access.

When the Customer has chosen a carrier, delivery is deemed to have taken place as soon as the Products ordered have been handed over by the Vendor to the carrier, who has accepted them without reservation. The Customer therefore acknowledges that it is the carrier’s responsibility to make the delivery and has no recourse against the Vendor in the event of non-delivery of the goods transported.

In the event of a specific request from the Customer concerning the packaging or transport conditions of the products ordered, duly accepted in writing by the Vendor, the related costs will be subject to specific additional invoicing, based on an estimate previously accepted in writing by the Customer.

The customer must check the condition of the products delivered. The customer has a period of #254 Maximum period for… from the date of delivery in which to make a complaint by e-mail to beuchat@beuchat.com, together with all supporting documents (including photos). Once this period has elapsed, and if these formalities have not been complied with, the Products will be deemed to be in conformity and free from any apparent defect, and no claim will be validly accepted by the Vendor.

The Vendor will reimburse or replace, as soon as possible and at its own expense, any Products delivered which the Customer has duly proved to be lacking in conformity or to have apparent or hidden defects, in accordance with the conditions set out in Articles L 217-4 et seq. of the French Consumer Code and those set out in these GCS.

ARTICLE 6 – Transfert de propriété

The transfer of ownership of the Products from the Vendor to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of said Products.

 

ARTICLE 7 – Droit de rétractation

ARTICLE 8 – Responsabilité du Vendeur – Garanties

Products supplied by the Vendor benefit from :

• de la garantie légale de conformité, pour les Produits défectueux, abîmés ou endommagés ou ne correspondant pas à la commande,
• de la garantie légale contre les vices cachés provenant d’un défaut de matière, de conception ou de fabrication affectant les produits livrés et les rendant impropres à l’utilisation,

Legal warranty provisions

Article L217-4 of the French Consumer Code

“The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter was made his responsibility by the contract or was carried out under his responsibility.”

Article L217-5 of the French Consumer Code

“The property conforms to the contract:

1° Whether it is fit for the use ordinarily expected of similar goods and, if so :

– if it corresponds to the description given by the seller and has the qualities presented to the buyer in the form of a sample or model;

– it has the qualities that a purchaser may legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling;

2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller’s attention and accepted by the latter.”

Article L217-12 of the French Consumer Code

“Any action resulting from a lack of conformity shall be barred after two years from the date of delivery of the goods.

Article 1641 of the French Civil Code.

“The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair that use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them.

Article 1648 paragraph 1 of the French Civil Code

“The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.

Article L217-16 of the French Consumer Code.

“When the buyer asks the seller, during the course of the commercial warranty granted at the time of the purchase or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the remaining warranty period. This period runs from the date of the buyer’s request for service, or from the date the item in question is made available for repair, if the item is made available after the request for service.

In order to assert his rights, the Customer must inform the Vendor, in writing (e-mail or letter), of the non-conformity of the Products or the existence of hidden defects as soon as they are discovered.

The Vendor will reimburse, replace or repair Products or parts under warranty deemed to be non-conforming or defective.

Shipping costs will be reimbursed on the basis of the invoiced rate, and return shipping costs will be reimbursed upon presentation of receipts.

Refunds, replacements or repairs of Products found to be non-conforming or defective will be made as soon as possible and at the latest within 15 DAYS of the Vendor’s finding of the non-conformity or hidden defect. This refund may be made by bank transfer or cheque.

The Vendor cannot be held liable in the following cases:

• non respect de la législation du pays dans lequel les produits sont livrés, qu’il appartient au Client de vérifier,
• en cas de mauvaise utilisation, d’utilisation à des fins professionnelles, négligence ou défaut d’entretien de la part du Client, comme en cas d’usure normale du Produit, d’accident ou de force majeure.
• Les photographies et graphismes présentés sur le site ne sont pas contractuels et ne sauraient engager la responsabilité du Vendeur.

The Vendor’s warranty is, in any event, limited to the replacement or reimbursement of Products that do not conform or are affected by a defect.

 

ARTICLE 9 – Données personnelles

The Customer is informed that the collection of his personal data is necessary for the sale of the Products and their delivery, entrusted to the Seller. This personal data is collected solely for the purpose of executing the sales contract.

9.1 Collection of personal data

The following personal data are collected on the www.beuchat.com website:

Order Products :

When the Customer orders Products :

Full name, postal address, telephone number and e-mail address.

Payment

When paying for Products offered on www.beuchat.com, the site records financial data relating to the customer’s bank account or credit card.

9.2 Recipients of personal data

Personal data is reserved for the sole use of the Seller and its employees.

9.3 Data controller

The data controller is the Seller, within the meaning of the French Data Protection Act and as of May 25, 2018 of Regulation 2016/679 on the protection of personal data.

9.4 limitation of processing

Unless the customer expressly agrees, personal data will not be used for advertising or marketing purposes.

9.5 Data retention period

The Vendor will keep the data thus collected for a period of 5 years, covering the period of prescription of the applicable contractual civil liability.

9.6 Security and confidentiality

The Seller implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information over the Internet.

9.7 Implementation of customer and user rights

Pursuant to the regulations applicable to personal data, customers and users of the www.beuchat.com website have the following rights:

• Ils peuvent mettre à jour ou supprimer les données qui les concernent de la manière suivante : par mail beuchat@beuchat.com.

• Ils peuvent supprimer leur compte en écrivant à l’adresse électronique indiqué à l’article 9.3 « Responsable de traitement »
• Ils peuvent exercer leur droit d’accès pour connaître les données personnelles les concernant en écrivant à l’adresse indiqué à l’article 9.3 « Responsable de traitement »
• Si les données à caractère personnel détenues par le Vendeur sont inexactes, ils peuvent demander la mise à jour des informations des informations en écrivant à l’adresse indiqué à l’article 9.3 « Responsable de traitement »
• Ils peuvent demander la suppression de leurs données à caractère personnel, conformément aux lois applicables en matière de protection des données en écrivant à l’adresse indiqué à l’article 9.3 « Responsable de traitement »
• Ils peuvent également solliciter la portabilité des données détenues par le Vendeur vers un autre prestataire
• Enfin, ils peuvent s’opposer au traitement de leurs données par le Vendeur

These rights, provided they do not conflict with the purpose of the processing, may be exercised by sending a request by post or e-mail to the Data Controller whose contact details are given above.

The data controller must respond within one month.

Any refusal to grant the Customer’s request must be justified.

Customers are informed that in the event of refusal, they may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.

The Customer may be asked to tick a box by which he/she agrees to receive informative and advertising e-mails from the Vendor. You may withdraw your consent at any time by contacting the Seller (contact details above) or by following the unsubscribe link.

 

ARTICLE 10 – Propriété intellectuelle

Legal form: S.A.

RCS number: B 338751100

Intracommunity VAT number: FR26338751100

Share capital: €213,428.62

Head office address: 30, rue du Théâtre 75015 PARIS

Contact: beuchat@beuchat.com

Chairman: Georges BELMAR

Publication manager: Georges BELMAR