
General Conditions of Sale
ARTICLE 1 - IDENTIFICATION OF THE SELLER AND THE WEBSITE
The aynaud.com website offers high-end watches and watch accessories for sale (hereinafter the “Products”). It is published by the company Aynaud AD Watches, a simplified joint-stock company with a capital of €17,000, whose registered office is located at 26 rue bosquet - 75007 - Paris - France, registered with the Paris Trade and Companies Register under number 947 955 419 (hereinafter the “Seller”).
VAT number: FR25 927 955 419
Publication Director: Alexandre Aynaud
Host: Koah/Digidom/Infomaniak Amazon Web Services, 410 Terry Avenue North, Seattle, WA 98109-5210, USA
The website is accessible at the following address: aynaud.com (hereinafter the “Site”)
For any questions regarding the use of the Site or their order, the buyer can contact the Seller by e-mail (e-mail: contact@aynaud.com) or by telephone at +33 6 84 06 77 21 (cost of a local call) from Monday to Friday, from 9 a.m. to 5 p.m.
ARTICLE 2 – PURPOSE – ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE
The purpose of these general terms and conditions is to define the rights and obligations of the parties in the context of the online sale of the Products offered by the Seller to the buyer on the Site. Any order validation implies unreserved acceptance of these general terms and conditions, which the customer is deemed to have read. They express the entirety of the parties' obligations and apply to the exclusion of all other conditions, in particular those applicable to sales in stores or through other distribution and marketing channels. Accessible at any time on the aynaud.com website, they will prevail, where applicable, over any other version or any other contradictory document. The Seller reserves the right to modify its general terms and conditions of sale from time to time and at its sole discretion, which shall apply as soon as they are posted online. By using the Site offered by Aynaud AD Watches, you agree to be contractually bound to Aynaud AD Watches and to be bound by the provisions of these General Terms and Conditions, the General Conditions of Use and the Confidentiality Policy of Aynaud AD Watches, which apply generally to all use of the Site.
ARTICLE 3 - PRE-CONTRACTUAL INFORMATION
The buyer acknowledges having received, prior to placing his order and concluding the contract, in a legible and comprehensible manner, these general conditions of sale and all information in accordance with the regulations in force.
The following information is transmitted to the buyer in a clear and comprehensible manner:
- The essential characteristics of the Product
- The price of the Product, including any additional costs.
- In the absence of immediate execution of the contract, the date or period by which the Seller undertakes to deliver the goods, whatever their price
- Information relating to the identity of the Seller, its postal, telephone and electronic contact details, and its activities, information relating to legal guarantees, the functionalities of the digital content and, where applicable, its interoperability, the existence and methods of implementing guarantees and other contractual conditions.
ARTICLE 4 - PRODUCT INFORMATION
The Products whose purchase is governed by these general conditions are those which appear on the Site and which are indicated as sold and shipped by the Seller. They are available to order and will be produced according to our production capacities, our ability to meet deadlines and the availability of our suppliers.
The Products are described and presented with the greatest possible accuracy. The buyer is invited to read the technical characteristics of the Products before placing an order.
Each Product offered for order on the Site is accompanied by photographs that are as faithful as possible but cannot guarantee perfect similarity with the Product offered. The photographs reproducing the Products are not contractual.
ARTICLE 5 - ORDER
5.1 Placing an order
The buyer places his order online on the Site by completing the form provided for this purpose, the Seller reserving the right to validate it or not. In the event of unavailability of the Products after validation of the order, the Seller will inform the buyer of this situation and the estimated time for the availability of the Products. If the buyer does not wish to wait for this availability or if the Products are permanently unavailable, he will have the possibility to modify or cancel his order and, if necessary, to request the reimbursement of the sums collected within fourteen (14) days following the date of cancellation of the order, in accordance with the legislation in force. Any order constitutes acceptance of the prices and descriptions of the Products available for sale. Any dispute on this point will take place within the framework of a possible exchange and the guarantees mentioned below. In certain cases, in particular non-payment, incorrect address or other problem on the buyer's account, the Seller reserves the right to block the buyer's order until the problem is resolved. For all orders delivered outside the European Union, the Seller is not responsible for the payment of duties and taxes upon receipt of a Product, the buyer must be responsible for the payment of these duties and taxes. Provide a tax refund form and accompany the buyer. Best possible wording?
5.2 Validation of the order
During the ordering process, once the Products have been selected, the buyer's identification data entered and the shipping method selected, the buyer:
- Will receive, if the order is possible, by email, a summary of all the elements of the order (selected products, price, quantity, delivery address, IBAN for the required transactions). If the order is not possible then the buyer will also be notified.
- Will be able to read and accept these general conditions of sale.
- Will be asked to pay the full sale price of the selected product(s), the payment to be made to the IBAN provided, Or failing that pay by credit card via our payment partner Mollie + payment link valid for twenty-four (24) hours . Do not infringe on the payment terms below.
- Following a period, generally four (4) months, the Seller will contact the buyer by email to confirm with the latter the shipment to the address provided by the buyer.
The sale will only be considered final after the Seller has sent the buyer confirmation of acceptance of the order by email and after the latter has received the full sale price of the selected product(s), on the IBAN provided, or via the CB payment platform + payment link . This does not affect the payment terms below.
The Seller recommends that the buyer keep the data relating to his order on paper or on a reliable electronic medium.
5.3 Modification of the order
Once the full price has been paid, the order will be considered validated, and any modification to it by the buyer will only be possible with the prior agreement of the Seller.
ARTICLE 6 – PRICE
The Products are supplied at the prices in force appearing on the Site when the order is registered by the Seller.
Prices are expressed in Euros (€) inclusive of all French taxes (French VAT and other applicable taxes), including processing and shipping costs. Prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the price of the Products on the website. The prices indicated include delivery costs, free for all orders. (Attention if bracelets and accessories)?
The payment requested from the buyer corresponds to the total amount of the purchase.
Promotional offers may be offered on the Site. They are valid for a limited period. The Seller reserves the right to modify or cancel them at any time.
In the event of an order to a country other than mainland France, the buyer is the importer of the Product(s) concerned. Customs duties or other local taxes or import duties or state taxes may be payable. These duties and sums are not the responsibility of the Seller. They will be borne by the buyer and are his responsibility (declarations, payment to the competent authorities, etc.). It is the buyer's responsibility to inquire in this regard with the competent local authorities. (VAT deduction possible for non-EU foreigners aged 16+, up to three (3) months after purchase. Assistance is available for this process, which is the buyer's responsibility and is not mandatory)
The Seller reserves the right to modify its prices at any time but the Products ordered are invoiced at the price in effect when the order is recorded.
ARTICLE 7 – PAYMENT TERMS
Payment for purchases is made by bank transfer. The order is considered validated as soon as 100% of the sale price of the selected products has been debited. In the event of split debiting of the products in the order, only the value corresponding to the Products shipped will be debited at that time.
For any other payment method, the buyer is invited to contact the Seller's customer service by telephone or email to define the payment terms. CB / Temporary payment link / Mollie partner / several times without fees must appear clearly here.
The Seller reserves the right to suspend any order management and any delivery in the event of refusal of authorization of payment by credit card from officially accredited organizations or in the event of non-payment. The Seller reserves in particular the right to refuse to make a delivery or to honor an order from a buyer who has not fully or partially paid for a previous order or with whom a payment dispute is currently being administered.
ARTICLE 8 – AVAILABILITY
The products are offered for sale and are available according to our production method on request. In the rare event that a Product becomes unavailable after the order has been placed, the Seller will inform the buyer by email as soon as possible. The buyer will then have the choice of waiting for the availability of the Product or requesting a refund for the unavailable Product. In the event of a refund request, the amount of the unavailable Product will be credited to the buyer's bank account as soon as possible . Within 14 days following the request in accordance with ... The seller reserves the right to suspend or cancel or not honor an order if conditions beyond its control, any other events beyond its control, or in the event of force majeure should occur. The Seller reserves the right to suspend or cancel any order in the event of force majeure or exceptional circumstances beyond its reasonable control (such as, but not limited to, strikes, natural disasters, computer failures, transport interruptions or supplier failures).
ARTICLE 9 - DELIVERY
9.1 General
The Products are delivered to the delivery address indicated by the buyer during the order process, within the time indicated in the confirmation email. In the event of late delivery, the buyer has the option of terminating the contract under the terms and conditions provided for by the regulations in force. The Seller will then refund the Product. The Seller provides a delivery tracking service that allows the buyer to track the delivery status of their order. The buyer is required to check, in the presence of the La Poste employee or delivery person , the condition of the packaging of the goods and their contents upon delivery. In the event of damage during transport, any protest must be made to the carrier within three (3) days of delivery.
9.2 Delivery times
We undertake to ensure that delivery is made within the estimated timeframes from the date of our written dispatch confirmation, specified when the order is placed and commencing upon receipt of payment. In the event of a delay in delivery of more than fourteen working days compared to the estimated date, you have the right to terminate the sales contract by notifying us by registered letter with acknowledgment of receipt or in writing on another durable medium. If we have not performed within a reasonable additional timeframe after your request, the contract will be deemed terminated upon receipt by us of your notice of termination. Please note that your right of termination constitutes your sole remedy in the event of late delivery.
We strive to minimize delivery delays. If we fail to deliver within thirty days of written confirmation of dispatch or any other deadline we have indicated, you have the option to cancel the order and request a refund of any amounts paid. Full payment is required before delivery, and receipt of the product constitutes confirmation of delivery and transfer of liability. For any questions regarding delivery, please contact us at the following address: contact@aynaud.com.
In the event of a delivery delay of more than fourteen working days compared to the delivery date indicated when the order was placed, the buyer may terminate the sales contract. The Seller will then refund the Product and delivery costs under the conditions provided. We also provide a contact point to track the order.
The Seller reminds that at the moment the buyer takes physical possession of the Products, the risks of loss or damage to the Products are transferred to him. It is the buyer's responsibility to notify the carrier of any reservations regarding the delivered product.
ARTICLE 10 - CONFORMITY
The Seller is required to deliver goods that conform to the order and is liable for any lack of conformity that exists upon delivery. He is also liable for any lack of conformity resulting from the packaging.
To comply with the contract, the property must:
- Be suitable for the use usually expected of a similar good and, where applicable:
- correspond to the description given by the Seller and possess the qualities that the latter presented to the buyer in the form of a model;
- present the qualities that a buyer can legitimately expect in view of the public statements made by the Seller, or by his representative, in particular in advertising or labeling;
- Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the Seller and which the latter has accepted.
The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
In the event of a lack of conformity, the buyer may choose between repair or replacement of the goods. The Seller may, however, not proceed according to the buyer's choice if this choice entails a cost that is manifestly disproportionate to the other method, taking into account the value of the goods or the extent of the defect. The Seller is then required to proceed, unless impossible, according to the method not chosen by the buyer. If repair and replacement of the goods are impossible, the buyer may return the goods and have the price refunded or keep the goods and have part of the price refunded.
The same faculty is open to him:
- If the solution requested, proposed or agreed in application of the regulations in force cannot be implemented within one month following the buyer's complaint;
- Or if this solution cannot be achieved without major inconvenience for the latter, taking into account the nature of the property and the use sought. However, the sale cannot be cancelled if the lack of conformity is minor.
Customer tone and vocabulary + high-end
ARTICLE 11 – GUARANTEES
In accordance with the law, the Seller assumes two guarantees: of conformity and relating to hidden defects in the products.
The Seller will reimburse the buyer or exchange any Products that are apparently defective or do not correspond to the order placed.
The products supplied by the Seller benefit from:
- the legal guarantee of conformity, for Products which are apparently defective, damaged or damaged or do not correspond to the order, (2 years)
- the legal /commercial guarantee against hidden defects arising from a material, design or manufacturing defect affecting the delivered products and making them unfit for use. (24 months legal and 36 months commercial subject to the signed guarantee card)
Any warranty is excluded in the event of misuse, negligence or lack of maintenance on the part of the buyer, as in the event of normal wear and tear of the goods , accident or force majeure . The Seller's warranty is limited to the replacement or reimbursement of Products that are non-compliant or affected by a defect. Repairs?
Excluded from the warranty are products modified or repaired by the buyer or any other person not authorized by the Seller.
The Seller's guarantee is in any event limited to the amount of the order.
ARTICLE 12 - RESERVATION OF OWNERSHIP
The Seller retains full ownership of the Products sold until full payment of the price, including principal, costs and taxes. To clarify, what happens before delivery?
ARTICLE 13 – RIGHT OF WITHDRAWAL
In accordance with the legal provisions of the European Union Consumer Code, the buyer has a period of fourteen days from receipt of the Product to exercise his right of withdrawal. This period expires on a Saturday, Sunday or a public holiday or non-working day, it is therefore extended until the next working day.
To cancel the contract and make a return, the buyer can send us an unequivocal written statement to contact@aynaud.com. If the buyer is located in the European Union or the European Economic Area and has made a purchase through our Site, they benefit from their legal right of withdrawal. Withdrawal is not possible before the end of product production, carried out on request.
Products must be returned in their original, complete condition, including packaging, accessories, and paperwork, allowing them to be resold as new. Damaged, soiled, or incomplete products will not be accepted. Wording too strict.
Return costs remain the sole responsibility of the buyer. Reimbursement of the sums paid will be made within fourteen days following notification of the withdrawal request, and only after inspection of the watch, the box and the accessories upon their return before making the refund. Formulation
Refunds will be issued by credit to the buyer's bank account or by check made payable to the buyer who placed the order and to the billing address. Only the buyer will be entitled to receive a refund of the purchase price. A person who received the product as a gift will not be entitled to receive a refund under any circumstances.
We will verify that the returned product meets the conditions of the tiny Returns and Exchanges Policy. Products must be returned in new and undamaged condition, in perfect condition, as delivered. Returns will be subject to rigorous inspection.
We reserve the right to refuse any return if the product shows signs of wear, has been worn, used, or altered from its original condition in any way. If the returned product passes our quality control, we will issue the applicable refund.
ARTICLE 14 - LIABILITY
The Seller, as part of the online sales process, undertakes to implement all reasonable means to ensure the proper functioning of the site and the security of the data.
However, it cannot be held liable for any damage resulting from the use of the Internet network, such as loss of data, intrusion, viruses, interruption of service or other technical problems beyond its control, except in the event of serious misconduct or gross negligence.
ARTICLE 15 - PROTECTION OF PERSONAL DATA
The seller collects personal data about its buyers on the Site, including through cookies. They can object to the collection of this data at any time by configuring their browser.
The data collected by the Seller is used to process orders and improve the Site's communication. It will not be shared with third parties or resold under any circumstances.
In accordance with the French Data Protection Act of 6 January 1978, the buyer has the right to access, rectify and oppose the processing of personal data concerning him/her. To do so, simply submit a request online at contact@adwatches.com or by mail to the following address: Aynaud AD Watches, 26 rue Bosquet - 75007 - Paris - France. (What preparations are required on the admin side)?
ARTICLE 16 – INTELLECTUAL PROPERTY
All elements of the aynaud.com Site are and remain the intellectual and exclusive property of the Seller. No one is authorized to reproduce, exploit, or use for any purpose whatsoever, even partially, elements of the site, whether software, visual, or audio. Any simple or hypertext link is strictly prohibited without the express written consent of the Seller.
ARTICLE 17 – DISPUTE RESOLUTION
These online sales conditions are subject to French law. In the event of a dispute, jurisdiction shall be granted to the competent courts of Paris, notwithstanding multiple defendants or third-party claims.
ARTICLE 18 – FORCE MAJEURE
Aynaud AD Watches' liability is expressly excluded for any loss, damage or delay suffered by the customer resulting from causes beyond the control of Aynaud AD Watches. Such causes include, but are not limited to, acts of God such as war, invasion, insurrection, riots, civil or military wars, floods, fires, natural disasters, explosions, governmental actions, terrorist threats and acts, national emergencies, revolutions, epidemics, lockouts , strikes and other labor disputes (whether related to Aynaud AD Watches' workers or not), constraints or delays affecting the carrier, inability or delay in obtaining adequate and suitable materials, telecommunications failures or power failures. By accepting the Product upon receipt, the customer is deemed to have waived all claims against Aynaud AD Watches for loss or damage resulting from any delay in delivery. Review wording. In Article 8: The Seller reserves the right to suspend or cancel any order in the event of force majeure or exceptional circumstances beyond its reasonable control (such as, but not limited to, strikes, natural disasters, computer breakdowns, transport interruptions or supplier failures).