General Terms and Conditions of Sale
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Preamble :
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These General Terms and Conditions of Sale (hereinafter referred to as the "GTC") exclusively govern sales made by CyclopeWatches, a simplified joint-stock company with a capital of €1000, registered with the Paris Trade and Companies Register under number 939692646 (hereinafter referred to as the "Company" or "CyclopeWatches"), for the benefit of the consumer customer (hereinafter referred to as the "Customer"), conducted remotely through its website cyclopewatch@gmail.com (hereinafter referred to as the "Site").
The sales offer proposed by CyclopeWatches on the Site is intended exclusively for customers who have the legal capacity to contract and act as consumers, meaning any natural person acting solely for the satisfaction of their personal needs.
By placing an order on the Site, the Customer declares that they meet the aforementioned conditions and, in particular, that they do not make purchases on the Site with the intention of regularly reselling them or as part of a professional activity.
The GTC are freely accessible on the Site.
The Company reserves the right to modify at any time and without prior notice the content of the Site or the services available on it and/or to temporarily or permanently cease operating all or part of the Site. Additionally, the Company reserves the right to change the Site's location on the Internet and the General Terms and Conditions of Sale at any time without prior notice. Therefore, the Customer must refer to the General Terms and Conditions of Sale before using the Site. If any clause of the GTC is deemed void or invalidated, the other clauses shall remain in effect. The Customer acknowledges that the Company cannot be held responsible in any way towards them or any third party due to such modifications, suspensions, or terminations.
The Company advises the Customer to save and/or print the General Terms and Conditions of Sale for secure and durable retention, allowing them to refer to them at any time during the execution of the contract if necessary.
By placing an order, the Customer expressly accepts, without restriction or reservation, the GTC. No specific condition may, unless expressly and in writing accepted by the Company, prevail over the GTC. Any conflicting condition presented by the Customer shall, unless expressly and in writing accepted by the Company, be unenforceable against the Company and deemed unwritten, regardless of when it may have been brought to its attention.
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ARTICLE 1 – Products and Services :
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The products offered or sold on the Site include watches, jewelry, and various accessories (hereinafter referred to as the "Product(s)"). They are sold as new or second-hand.
In accordance with Article L 111-1 of the French Consumer Code, the Customer may, prior to placing an order, review the characteristics of the products they wish to purchase.
The Customer must refer to the description of each product to understand its essential characteristics. Any photographs illustrating the products supplement these descriptions but do not constitute a contractual document.
The Products comply with the applicable legal requirements in force.
Additionally, the Site offers services provided by CyclopeWatches, including the appraisal and valuation of watches and other antique, second-hand, or collectible items, as well as the drafting of descriptions of such objects for private sales or voluntary auction sales (hereinafter referred to as the "Services").
The Customer remains responsible for the terms and consequences of their access to the Site, particularly via the Internet. This access may involve fees payable to technical service providers, such as Internet access providers, which remain the Customer's responsibility. Furthermore, the Customer must provide and take full responsibility for the necessary equipment to connect to the Site.
The Customer acknowledges having verified that their computer configuration is secure and operational.
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ARTICLE 2 – Prices
Product prices are indicated in euros, inclusive of all taxes, excluding processing and shipping costs. In the case of an order to a country other than metropolitan France, any customs fees or local taxes shall be borne by the Customer. All orders, regardless of their origin, must be paid in euros.
The Company reserves the right to modify its prices at any time; however, Products will be invoiced based on the rates in effect at the time the order is recorded, except in the case of an obvious typographical error on the Site (such as an abnormally high or low price). The Company is not obligated to sell a Product at an incorrect price if the error is obvious and the Customer could reasonably identify it as such.
Shipping costs are applicable as indicated on the Site. The Company reserves the right to change shipping rates at any time, but delivery costs will be invoiced based on the rates in effect at the time of order registration.
The price payable by the Customer is indicated on the order confirmation and the invoice. The Products remain the property of the Company until full payment has been received by the Company.
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ARTICLE 3 – Order
The Customer places an order on the Site, and all orders become final and binding upon receipt by the Company.
The Company's acceptance of the Customer's order is confirmed by sending an email confirmation to the Customer. This email includes a complete summary of the order. The order is only definitively confirmed and binding on the Company upon the Customer's receipt of this email.
The Company reserves the right to refuse an order if it is abnormal, placed in bad faith, or for any other legitimate reason, particularly in the event of a dispute with the Customer concerning the payment of a previous order. Additionally, CyclopeWatches reserves the right not to process an order that appears suspicious without conducting further verifications, which may extend the delivery timeframe.
The Customer is responsible for verifying the proper receipt of this email and notifying the Company immediately in the event of an error, anomaly, or failure to receive it via the customer service (see Article 10). Upon receipt of payment, the Product will be delivered to the Customer according to the information provided in the order confirmation.
Any subsequent request for modification of the order, for any reason whatsoever, including changes in merchandise or delivery timelines, must be made in writing as soon as possible and will only be accepted with the Company's prior, express, and written agreement.
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ARTICLE 4 – Payment
The payment for the order is made by the Customer at the time of ordering on the Site, except in cases of payment via an external payment method such as bank transfers. When the Company confirms the order, the payment is definitively processed.
In accordance with Article L. 132-2 of the French Monetary and Financial Code, the commitment to pay made by means of a payment card is irrevocable. By providing their bank card details, the Customer authorizes the Company to debit their bank card for the amount corresponding to the order. To this end, the Customer confirms that they are the holder of the bank card to be debited and that the name appearing on the card is indeed their own. The Customer provides the sixteen (16) digits and the expiration date of their credit card, as well as, if applicable, the visual cryptogram numbers.
Payment is made by credit card or bank transfer before any delivery. As part of the fight against fraudulent use of credit cards, the Company reserves the right to request a photocopy of the Customer's identity document and proof of residence.
If the credit card debit is impossible, the sale will be automatically canceled, and the order will be annulled.
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ARTICLE 5 – Availability
The Products and their prices are valid as long as they are visible on the Site, within the limits of available stock. Information on the availability of Products will be provided at the time of placing the order.
The Company strives to publish in real-time the available products for sale and indicate on the Site in case of out-of-stock items. However, on rare occasions, it is possible that a product displayed as available on the Site or on one of the sales platforms used by CyclopeWatches has been sold shortly before the consultation of the concerned medium. In the event of product unavailability after placing an order, the Company will inform the Customer without delay and by any means whether it can obtain another product with similar characteristics and price. If this is not the case, or if the Customer refuses this proposal, the Company will refund the amounts already paid by the Customer via bank transfer, check, or cancellation of the debit on the Customer's credit card, no later than thirty (30) days after the payment of the amounts by the Customer.
In case of failure, CyclopeWatches reserves the right to cancel all or part of already paid orders and commits in this case to reimburse the Customer by any means for any amounts already paid.
The Company shall not be held liable to the Customer or any third party due to the unavailability of a Product, its decision to withdraw a Product from the Site, or its refusal to process an order.
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ARTICLE 6 – Delivery
The delivery of ordered Products is made to the delivery address provided by the Customer during the ordering process. CyclopeWatches cannot be held responsible in case of an error in the delivery address provided by the Customer. No delivery will be made to a post office box.
The delivery costs are specified to the Customer at the time of ordering, are borne by the Customer, and are accepted by the latter upon order confirmation. Delivery rates may be modified at any time by CyclopeWatches, but delivery fees will be invoiced based on the rates in effect at the time of the Customer's order registration.
Orders are processed upon receipt of payment. The validation and shipping time of orders vary depending on the payment and delivery methods chosen. The delivery time is seven (7) working days from receipt of payment for metropolitan France. For any international order, the delivery time may vary depending on different parameters (payment method, delivery country, customs procedures, etc.).
Upon delivery, it is the Customer's responsibility to verify that the delivered Products conform to the order and that the package is sealed and undamaged. If necessary, the Customer must make any necessary reservations and claims on the delivery slip, or even refuse the package when it or its contents are visibly damaged. These reservations and claims must be sent to the carrier by registered letter with acknowledgment of receipt within three (3) working days, excluding public holidays, following the delivery date. The Customer must also send a copy of this letter to the Company. Failure to make a claim within the aforementioned period extinguishes any action against the carrier in accordance with Article L. 133-3 of the French Commercial Code.
In case of delivery delay, the order is not canceled. The Company will inform the Customer by email that delivery will be delayed, or the Customer may directly contact the Company’s customer service via email (see Article 10). The Customer will then have the option to cancel their order if delivery has not taken place within fourteen (14) working days from the expiration of the delivery period, unless the delay is due to force majeure as interpreted by French courts, an error in the delivery address provided by the Customer, non-receipt of payment from the Customer, or failure to execute/deliver by the carrier responsible for delivery.
Within fourteen (14) working days following the Customer's cancellation request, the Company will process a refund request with its bank.
If the order has already been shipped at the time the Company receives the Customer's cancellation request, the Customer may still cancel the order by refusing the package. The Company will then refund the debited amounts and any return costs incurred by the Customer within fourteen (14) working days following the receipt of the returned refused package, provided it is complete and in its original condition.
CyclopeWatches uses specialized delivery companies for valuable goods. In case of proven loss or theft, CyclopeWatches will initiate a claim with the carrier and its insurance(s) to request reimbursement and will make its best efforts to offer a replacement or substitution solution to the Customer under similar pricing conditions as the lost or stolen item.
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ARTICLE 7 – Refunds
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The Customer has a period of fourteen (14) days from the receipt of the Products to request a refund under the conditions outlined in Articles 8 and 9.
In the event of exercising the right of withdrawal, the Company will refund the amounts paid no later than fourteen (14) working days from the date on which the Company is informed of the Customer’s decision to request a refund. This refund date may be deferred until the Product is recovered or after receipt of proof of shipment of the Products in perfect condition by the Customer.
The refund will be made using the same payment method as the purchase. However, with the Customer's agreement, the Company may use another payment method without additional fees for the Customer.
The Company is not required to refund additional costs if the Customer has expressly chosen a more expensive delivery method than the standard delivery method offered by the Company. In accordance with Article L. 221-23 of the French Consumer Code, return shipping costs remain the responsibility of the Customer, except in the case of non-conformity.
In the case of payment by credit card (online or physically in a CyclopeWatches-operated location or during any event or personalized appointment), the Company deducts from the refund to the Customer any collection fees related to the initial payment.
For purchases or reservations with in-person pickup at CyclopeWatches' premises, the fourteen (14) day withdrawal period does not apply.
For withdrawal regarding an order of a specially created, manufactured, customized, or purchased product by CyclopeWatches for a Customer, any deposit paid is non-refundable unless otherwise exceptionally agreed in advance.
The Company shall not be held responsible for any consequences resulting from shipping delays. Any delay beyond the delivery date due to a shipping delay shall not give rise to damages, deductions, or order cancellation by the Customer.
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ARTICLE 8 – Right of Withdrawal
In accordance with the provisions of Articles L. 221-18 and following of the French Consumer Code, the Customer has a period of fourteen (14) calendar days from the receipt of the Products to return the Product. If this period expires on a Saturday, Sunday, or a public holiday, it is extended to the next business day.
To exercise their right of withdrawal, the Customer must notify the Company of their intention through an unambiguous statement via email to customer service (see Article 10 below) or by mail using the withdrawal form in Appendix 1.
Returns must be made within the aforementioned period to the customer service address (see Article 10 below), in their original packaging, complete (including accessories, manuals, etc.), in perfect condition, and accompanied by a copy of the invoice.
Return shipping costs are borne by the Customer. The Product(s) must be returned using the same delivery service and under the same warranty conditions.
Products that are incomplete, damaged, deteriorated, or soiled by the Customer will not be accepted. The Customer's liability is only engaged in case of depreciation of the Product’s value resulting from handling beyond what is necessary to establish its nature, quality, and proper functioning.
The refund will be delayed until the receipt of the Products in perfect condition.
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ARTICLE 9 – Product Compliance and Warranty for Hidden Defects
All Products benefit from the legal warranty provided by Articles 1641 and following of the French Civil Code (warranty for hidden defects) and Articles L. 217-4 and following of the French Consumer Code (conformity warranty).
When the Customer acts under the legal conformity warranty:
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They have a period of two (2) years from the delivery of the Products to take action;
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They may choose between repairing or replacing the non-compliant product, subject to cost conditions set out in Article L. 217-9 of the French Consumer Code;
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They are exempt from proving the existence of a product conformity defect within twenty-four (24) months following delivery. This period is reduced to six (6) months for second-hand goods.
The legal conformity warranty applies independently of any commercial warranty that may be granted to the Customer.
The Customer is entitled to enforce the warranty for hidden defects of the product within the meaning of Article 1641 of the French Civil Code. In such a case, they may choose between the termination of the sale or a reduction of the sale price in accordance with Article 1644 of the French Civil Code.
The Customer has fourteen (14) calendar days from receipt of the Products to file a complaint if the Products are defective or do not match the order and to return the Products.
Returns must be made to the customer service address (see Article 10 below), in their original packaging, complete (including accessories, manuals, etc.), in perfect condition, and accompanied by a copy of the invoice.
Shipping costs will be reimbursed based on the invoiced rate, and return shipping costs will only be reimbursed for French residents (excluding overseas territories). The Product(s) must be returned using the same delivery service and under the same warranty conditions.
The Company undertakes, at the Customer’s choice, to exchange defective Products or those not matching the Customer's order or to provide a refund. However, the Company may refuse the Customer’s choice if it entails a cost that is manifestly disproportionate compared to the other solution, considering the product’s value or the severity of the defect. In such cases, the Company must proceed with the alternative solution unless it is impossible.
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ARTICLE 10 – Customer Service
For any information, inquiries, or complaints, the Customer may contact CyclopeWatches by providing their full name, phone number, email, the subject of their request, and the relevant order number, via phone at +33 (0) 6 26659541, or by email at cyclopewatch@gmail.com.
ARTICLE 11 – Intellectual Property The Company’s brand, as well as all figurative or non-figurative trademarks and, more generally, all other trademarks, illustrations, images, and logos appearing on the Products, their accessories, and packaging, whether registered or not, are and shall remain the exclusive property of the Company and/or its partners. Any total or partial reproduction, modification, or use of these trademarks, illustrations, images, and logos, for any reason and on any medium, without the express prior consent of the Company, is strictly prohibited.
The same applies to any combination or association with any other trademark, symbol, logo, or distinctive sign intended to create a composite logo. Similarly, all copyrights, designs, models, and patents are the property of the Company. The Company reserves the right to take legal action against any party who does not comply with the prohibitions contained in this article.
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ARTICLE 12 – Liability
The Company guarantees only the ownership and authenticity of the Products.
Photographs of new Products are provided for illustration purposes. Customers should refer to the description of each Product for its main characteristics.
Photographs of second-hand Products correspond to the actual items for sale on the Site. Customers should refer to the descriptions for key details. The Customer is encouraged to contact the Company's customer service for additional information about the Products (e.g., dial condition, signs of wear, servicing history, origin of parts, etc.) (see Article 10).
The Company shall not be held liable for any use of the Site and its services by Customers in violation of the General Terms and Conditions of Sale and for any direct or indirect damages that such use may cause to a Customer or third party. In particular, the Company is not responsible for any false statements made by a Customer.
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ARTICLE 13 – Force Majeure
The Company’s obligations under the GTC will be suspended in case of an unforeseen event or force majeure as defined in Article 1218 of the French Civil Code, such as (without limitation): natural disasters, fire, epidemics, pandemics, large-scale social movements, government actions, internal or external strikes, accidental breakdowns, shortages, war, etc., which hinder or delay performance.
The Company will notify the Customer of such an event within seven (7) working days of its occurrence. If the suspension continues for more than twenty-one (21) working days, the Customer may cancel the ongoing order, and the Company will issue a refund under the conditions outlined in Article 7.
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ARTICLE 14 – Data
Privacy The entity responsible for processing Customers' personal data is CyclopeWatches, a simplified joint-stock company with a capital of €1000, registered with the Paris Trade and Companies Register under number 939692646.
Personal data collected by the Company includes information provided by the Customer when creating an account on the Site and using it to place an order. This includes email address, login credentials, and order processing details (name, address, billing information, etc.).
The Company does not disclose Customer information to third parties. The data is used solely for order processing and enhancing personalized communication and product offers.
Customers have rights to access, rectify, limit, withdraw, and object to the processing of their personal data. Requests can be submitted to the Company’s customer service (see Article 10). If the Customer believes their rights are not respected, they may lodge a complaint with the CNIL (French Data Protection Authority).
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ARTICLE 15 – External Hyperlinks
Hyperlinks available on the Site may direct to third-party websites not operated by CyclopeWatches. These links are provided solely for the convenience of the Customer, facilitating access to online resources. If the Customer follows these links, they will leave the Site and accept to use third-party websites at their own risk or under the conditions governing those websites.
The Customer acknowledges that CyclopeWatches neither controls nor contributes in any way to the creation of the terms of use and/or content appearing on these third-party sites.
Consequently, the Company shall not be held responsible in any way for these hyperlinks.
Furthermore, the Customer acknowledges that the Company neither endorses, guarantees, nor assumes responsibility for any or all of the terms of use and/or content of these third-party websites.
The Site may also contain promotional hyperlinks and/or banner advertisements directing to third-party websites not operated by CyclopeWatches.
CyclopeWatches invites the Customer to report any hyperlink on the Site that leads to a third-party website containing illegal or inappropriate content.
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ARTICLE 16 – Incoming Hyperlinks
Users of the Site are permitted to create hyperlinks to any part of the Site, subject to authorization by CyclopeWatches. Any hyperlink must be removed upon simple request by CyclopeWatches.
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ARTICLE 17 – Governing Law and Disputes
These General Terms and Conditions of Sale are governed by French law.
The only admissible version for any dispute or litigation is the French-language version.
For any issues, the Customer is encouraged to contact the Company’s customer service (see Article 10).
Within one year following a request made to the Company, in accordance with Article R. 616-1 of the French Consumer Code, the Customer may submit their complaint to a mediator. The mediator's proposed solution is not binding on the parties.
Furthermore, in accordance with Article 14 of Regulation (EU) No. 524/2013, the Customer is informed that the European Commission has established an Online Dispute Resolution platform to facilitate the independent and out-of-court resolution of online disputes between consumers and businesses within the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr.
Any dispute arising from the formation, interpretation, or execution of these terms shall fall under the exclusive jurisdiction of the courts of Paris.