ARTICLE 1 - IDENTIFICATION OF THE VENDOR
These general conditions of sale are those of the company PEQUIGNET HORLOGERIE, SAS with a capital of 100,000 Euros, whose head office is located at 1, rue du Bief - 25,500 MORTEAU - FRANCE, registered in the Besançon Trade and Companies Register under 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 company PEQUIGNET HORLOGERIE owns the website: http://www.pequignet.com. Its contact details are: +33(0)188.8.131.52.66 (tel.) and +33(0)184.108.40.206.14 (fax).
ARTICLE 2 - SCOPE AND ACCEPTANCE OF GENERAL TERMS AND CONDITIONS OF SALE
These general terms and conditions of sale apply without restriction or reservation to all sales concluded directly by PEQUIGNET HORLOGERIE via its website with non-professional buyers (hereinafter, the buyers), namely final consumers, excluding all resellers or intermediaries acting on behalf of resellers. They constitute the sole basis for commercial negotiation and shall prevail over any other general or specific conditions not expressly approved by PEQUIGNET HORLOGERIE. They are brought to the attention of the consumer at the time of the order, when he is asked to confirm his acceptance of them. The company PEQUIGNET HORLOGERIE reserves the right to modify at any time the present general conditions of sale. The general terms and conditions of sale that are enforceable against the consumer are those of which he/she has become aware and which he/she has accepted without reservation at the time of the conclusion of the sales contract. The acceptance of these general conditions of sale is made concrete when the buyer checks the box "I have read and accept the general conditions of sale" before the confirmation of the order.
ARTICLE 3 - PAYMENT
The price to be paid by the consumer is the price indicated on the merchant website of the company PEQUIGNET HORLOGERIE. The price of the products is payable in advance at the time of purchase. The buyer must pay by credit card or bank transfer. An invoice will be systematically sent to the buyer with the delivery of his order.
ARTICLE 4 - DELIVERY
The products purchased by the consumer are sent according to the modalities selected by the latter during the order on our website. In accordance with the provisions of Articles L121-21 et seq. of the Consumer Code, the buyer has a period of fourteen (14) days from receipt of the Product. Products ordered through the PEQUIGNET HORLOGERIE website can be delivered anywhere in the European Union. Delivery to countries outside the European Union is not possible at this time. In case of withdrawal, the product may be returned free of charge by filling out a return label in the client's account on the pequignet.com website. Goods shall be despatched to PEQUIGNET HORLOGERIE, at 1 Rue du Bief, 25500 MORTEAU, France. The value of the goods ordered shall be refunded on receipt of the undamaged product.
ARTICLE 5 - CLAIMS
Without prejudice to the measures to be taken with respect to the carrier and the consequences of not respecting them, claims on apparent defects or on the non-conformity of the delivered product to the ordered product or to the shipping note, must be formulated by registered letter with acknowledgement of receipt within eight days of the reception 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 - PRICE
The prices of our articles are indicated in euros, all taxes included, to which are added at the time of the confirmation of the order the expenses of treatment and forwarding. All orders, whatever their origin, are payable in euros. Items are invoiced on the basis of the prices in effect at the time of order registration, subject to availability.
ARTICLE 7 - LEGAL GUARANTEES
Articles L. 211-4 to L. 211-13 of the French Consumer Code guarantee the products sold by PEQUIGNET HORLOGERIE against defects in conformity. PEQUIGNET HORLOGERIE is also bound by the legal warranty of hidden defects of articles 1641 to 1649 of the Civil Code. The legal guarantee of conformity PEQUIGNET HORLOGERIE is obliged to deliver a product in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. PEQUIGNET is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made its responsibility by the contract or was performed under its responsibility. To be in conformity with the contract, the goods must: 1. Be fit for the purpose usually expected of similar goods and, if applicable : - correspond to the description given by the seller on its website and possess the qualities presented and described on the same website; - have the qualities that a buyer may legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling; 2. Or have the characteristics defined by mutual agreement between the parties or be fit for any special purpose sought by the buyer, brought to the seller's attention and accepted by the latter In the absence of proof to the contrary, defects in conformity that appear within six months of delivery of the goods are presumed to have existed at the time of delivery. The legal warranty against hidden defects PEQUIGNET HORLOGERIE is bound by the warranty for hidden defects of the item sold that make it unsuitable for its intended use, or that diminish this use to such an extent that the buyer would not have acquired it, or would have given a lower price, if he had known about them. The action resulting from redhibitory defects in the product sold must be brought by the buyer within two years of the discovery of the defect. When the consumer considers that the product purchased is tainted by a lack of conformity or a latent defect, it is incumbent upon him to prove that he meets the conditions of these legal guarantees.
ARTICLE 8 - THE COMMERCIAL WARRANTY AND AFTER-SALES SERVICE
The commercial warranty applies to all PEQUIGNET HORLOGERIE products. It is provided for a period of 2 years from the purchase of the PEQUIGNET product. A one year's extension of warranty may be requested at no cost by filling out the form on the pequignet.com website, under the heading "Extension of warranty". This warranty is for 3 years automatically for products purchased in Pequignet shops or from the pequignet.com website. The commercial warranty applies to the normal use of the product and covers all repair and maintenance services of the product sold by PEQUIGNET HORLOGERIE to the buyer. This includes parts and labor, but excludes services related to wear and tear 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, an accidental circumstance, shock or immersion), from use of the product not in conformity with the instructions provided to the buyer or from the intervention of a repairer not approved by PEQUIGNET HORLOGERIE are not covered by the commercial warranty. In the event of a problem arising from normal use of the PEQUIGNET product during the period of the commercial warranty, you may return the purchased product with a brief description of the problem. Our intervention will be free of charge if the problem is found to be the result of normal use of the purchased product. The costs and risks of transport are the responsibility of the buyer. In order to protect your article, 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 faulty product can only be done by registered parcel with acknowledgement of receipt. In accordance with article L. 211-16 of the French Consumer Code, "when the buyer asks the seller, during the commercial warranty granted to him at the time of the acquisition 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 duration of the warranty that remained to run. This period shall run from the date of the buyer's request for service or from the date the goods are made available for repair, if this is later than the request for service. The period during which or the date up to which the spare parts required for the use of the goods are available on the market has been brought to the attention of the buyer by PEQUIGNET HORLOGERIE before and at the time of the conclusion of the sales contract. Services performed under 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 is impossible to repair, PEQUIGNET HORLOGERIE will replace it with a similar product of equivalent value. In exceptional cases, PEQUIGNET HORLOGERIE accepts to provide after-sales service on products for which the commercial warranty has expired. Such services are governed by a specific contract. Independently of the commercial warranty, the seller remains bound by the legal warranty of conformity, mentioned in articles L. 211-4 to L. 211-13 of the Consumer Code and that relating to defects in the thing sold, under the conditions provided for in articles 1641 to 1648 and 2232 of the Civil Code.
ARTICLE 9 - MISCELLANEOUS
In the event that one or more provisions contained in these general terms of sale are deemed by a court to be invalid, illegal or inapplicable to any extent whatsoever, the validity, applicability and legality of the remaining provisions shall retain all force and effect. Failure by PEQUIGNET HORLOGERIE to enforce any provision of these terms and conditions of sale shall not constitute a waiver of the future enforcement of the same clause.
ARTICLE 10 - APPLICABLE LAW - DISPUTES
The present contract is subject to French law. In case of dispute of any kind whatsoever arising in application of these general conditions of sale, it will be submitted to the competent court in application of French law. However, the parties undertake to resolve amicably any dispute that may arise between them within one month of knowledge of the dispute.