ARTICLE 1 - IDENTIFICATION OF THE SELLER
These general terms and conditions of sale are those of the PEQUIGNET HORLOGERIE company, an SAS (simplified joint-stock company) with a capital of 100,000 Euros, whose head office is located 1, rue du Bief - 25 500 MORTEAU - FRANCE, registered with the Register of Commerce and Companies of Besançon under the number 828 116 848. Its SIRET number is 828 116 848 00015, its NAF code is 2652 Z and its intra-community VAT number is FR 39 828 116 848. The PEQUIGNET HORLOGERIE Company has a website: http://www.pequignet.com. To contact the company: +33 (0) 188.8.131.52.66 (tel.) And +33 (0) 184.108.40.206.14 (fax).
ARTICLE 2 - SCOPE AND ACCEPTANCE OF THE TERMS AND CONDITIONS OF SALE
These general terms and conditions of sale apply without restriction or reserve to all sales concluded directly by PEQUIGNET HORLOGERIE via its website to non-professional buyers (hereinafter the buyers), i.e. final consumers, excluding all resellers or intermediaries acting on behalf of resellers. They constitute the sole basis of the commercial negotiation and will prevail over all other general or particular conditions not expressly approved by the company. PEQUIGNET HORLOGERIE. They are brought to the attention of the consumer at the time of the order, when they are asked to confirm their acceptation of them. The company PEQUIGNET HORLOGERIE Company reserves the right to modify at any time these general terms and conditions of sale. The general terms and conditions of sale enforceable as concerns the consumer are those of which they became aware of and which they accepted without reserve at the time of the conclusion of the contract of sale. The acceptance of these general conditions of sale takes place when the buyer checks the box "I have read, and I accept the general conditions of sale" before order confirmation.
ARTICLE 3 - PAYMENT
The price to be paid by the consumer is the price indicated on the trading website of the PEQUIGNET HORLOGERIE Company. The price of the products is payable in advance of the purchase. The buyer must pay for their purchases by credit card. An invoice will be systematically sent to the buyer with the delivery of their order.
ARTICLE 4 - DELIVERY
Products purchased by the consumer are sent according to the modalities selected by the latter when ordering on our website. In accordance with the provisions of articles L121-21 and following of the Consumer Code, the buyer has a period of fourteen (14) days from receipt of the Product. Products ordered via the PEQUIGNET HORLOGERIE merchant website may be delivered anywhere in the European Union. Delivery to countries outside the European Union is currently not possible. In case of withdrawal, any product return will take place under the responsibility of the buyer who will return their PEQUIGNET HORLOGERIE watch, to 1 Rue du Bief, 25500 MORTEAU, France. The shipment must be made under declared value to avoid any package loss. The refund of the order will be made upon receipt of the item at the above indicated address.
ARTICLE 5 - CLAIMS
Without prejudice to the arrangements to be made vis-à-vis the carrier and the consequences of not complying with them, complaints about apparent defects or non-compliance of the delivered product with the ordered product or with the shipment order must be made by registered letter with acknowledgment of receipt within eight days of receipt of the products. It will be up to the buyer to provide any justification as to the reality of the defects or anomalies noted.
ARTICLE 6 - PRICES
The prices of our items are indicated in Euros, including all taxes, to which are added at the time of order confirmation, the costs of processing and shipping. All orders, whatever their origin, are payable in Euros. The items are invoiced based on the rates in effect at the time of the recording of the order, subject to availability.
ARTICLE 7 - LEGAL GUARANTEES
Articles L. 211-4 to L. 211-13 of the Consumer Code guarantee the products sold by PEQUIGNET HORLOGERIE against defects in conformity. PEQUIGNET HORLOGERIE also remains under the legal guarantee of hidden defects found in articles 1641 to 1649 of the Civil Code. The legal guarantee of conformity PEQUIGNET HORLOGERIE is obliged to deliver goods in accordance with the contract and is liable for any lack of conformity existing at the time of delivery. PEQUIGNET is also liable for any defects of conformity resulting from the packaging, the installation instructions, or the installation when this was placed under their responsibility by the contract or was carried out under their responsibility. To be in conformity with the contract, the goods must: 1 - Be suitable for the normal use expected of similar goods and, where appropriate: correspond to the description given by the seller on their website and have the qualities presented and described on the same website; Possess the qualities that a buyer can legitimately expect in view of public statements made by the seller, the producer, or their representative, in particular through advertising or labelling; 2 - Or possess the characteristics defined by mutual agreement by the parties or be adapted to any special use sought by the buyer, brought to the knowledge of the seller and which the latter has accepted. Any defects in conformity which appear within twenty-four months from the date of issue of the goods shall be presumed to exist at the time of issue, unless proven otherwise. The legal guarantee against hidden defects PEQUIGNET HORLOGERIE shall be liable for the hidden defects in the goods sold which render them unsuitable for the purpose for which they are intended, or which reduce the use to such a degree that the purchaser would not have acquired it, or would have paid a lesser price if they had known about them. Legal action resulting from latent defects must be brought by the purchaser within the two years following the discovery of the defect. When the consumer considers that the purchased product is the subject of a lack of conformity or a hidden defect, it is their responsibility to prove that the item fulfils the conditions of these legal warranties.
ARTICLE 8 - COMMERCIAL WARRANTY AND AFTER-SALES SERVICE
The commercial warranty applies to all PEQUIGNET HORLOGERIE products. It applicable for a period of 2 years from the date of purchase of the PEQUIGNET product. The commercial warranty applies within the framework of normal use of the product and covers all the services of repair and maintenance of the goods sold by PEQUIGNET HORLOGERIE to the purchaser. This concerns parts and labour, excluding services related to wear and aging of the product. Defects or failures of PEQUIGNET products resulting from abnormal use of the product, from a cause external to the product (for example, accidental circumstance, shock, or immersion), use of the product not in accordance with the instructions provided to the buyer or the intervention of a repair technician not authorized by PEQUIGNET HORLOGERIE are not covered by the commercial warranty. In the event of a problem occurring during the normal use of the PEQUIGNET product during the commercial warranty period, you may return the purchased product with a brief description of the problem. Our intervention will be free of charge if it is found that the problem is the result of normal use of the purchased product. Transport costs and risks are the responsibility of the buyer. In order to protect your item, we advise you to place it in a suitable cardboard box, addressed to PEQUIGNET HORLOGERIE 1, rue du Bief - BP 13109 - F 25503 MORTEAU Cedex, accompanied by your invoice. The return of the damaged product can only be done by registered package with acknowledgment of receipt. In accordance with Article L. 211-16 of the Consumer Code, "when the buyer asks the seller, during the commercial warranty which was granted to them at the time of the acquisition or repair of a movable property, repair or reconditioning that is covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee remaining applicable. This period starts from the moment the buyer requests the intervention or the moment that the buyer provides the item in question for repair, if this provision takes place after the request for intervention. PEQUIGNET HORLOGERIE has informed the buyer before and at the time of conclusion the sales contract of the period during which, or the date until which, the spare parts required for the use of the goods are available on the market. The services provided as part of the commercial warranty are guaranteed for a period of six months from the return of the product to the buyer. The return of the product To the buyer will be at the expense of PEQUIGNET HORLOGERIE. If the product under warranty proves impossible to repair, PEQUIGNET HORLOGERIE undertakes to replace it with a similar product of equivalent value. PEQUIGNET HORLOGERIE exceptionally agrees to provide after-sales services on products whose commercial warranty has expired. A specific contract governs such services. Regardless of the commercial warranty, the seller remains bound by the legal guarantee of conformity, mentioned in articles L. 211-4 to L. 211-13 of the Consumer Code and the guarantee relating to the defects of the thing sold, under the conditions provided for in articles 1641 to 1648 and 2232 of the Civil Code.
ARTICLE 9 - MISCELLANEOUS
If one or more provisions contained in these general conditions of sale are considered by a court to be invalid, illegal, or unenforceable to whatever extent, the validity, applicability, and legality of the other provisions will remain in full force and effect. Failure to apply any provision of these general conditions of sale by PEQUIGNET HORLOGERIE will not constitute a waiver of the future application of this same clause.
ARTICLE 10 - APPLICABLE LAW - CLAIMS
The present contract is subject to French law. In the event of any dispute of any kind arising under these general conditions of sale, the dispute shall be submitted to the competent Court in accordance with French law. However, the parties undertake to resolve amicably any dispute that may occur between them within one month from the knowledge of the dispute.