General Terms & Conditions of Sale

ITEM 1 – Scope of application

 

These General Terms & Conditions of Sale apply, without restriction or reservation, to all sales conducted by SAINT HONORÉ PARIS SAS (“the Vendor”) to non-professional buyers (“the Clients or Client”) wishing to acquire the products offered for sale by the Vendor (“the Products”) on the website www.sainthonore.com.

 

They specify in particular the terms & conditions for ordering, payment, delivery and management of any returns of Products ordered by Clients. The following products are available for sale on the website www.sainthonore.com:

 

–  Timepieces, writing instruments and fashion accessories

The principal characteristics of these Products, particularly the specifications, illustrations and indications of size or capacity, are presented on the website www.sainthonore.com.

The Client is expected to familiarise themselves with these characteristics before placing an order.

The choice and purchase of a Product is the sole responsibility of the Client.

The photographs and visuals presented on the website www.sainthonore.com are not contractual and shall in no way engage the liability of the Vendor.

The Client is expected to refer to the description of each Product in order to familiarise themselves with its properties and main features.

Product offers are made subject to stock availability, as indicated at the time of placing the order.

 

Contact details for the Vendor are as follows:

 

SAS SAINT HONORÉ PARIS

Zone Artisanale Le Grand Crot

BP 31

25140 CHARQUEMONT

FRANCE

 

These General Terms & Conditions of Sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.

 

These General Terms & Conditions of Sale are available at all times on the website www.sainthonore.com and will prevail, where necessary, over any other version or any other conflicting document.

 

The Client declares having read these General Terms & Conditions of Sale and having accepted them by ticking the corresponding checkbox, as well as for the General Terms & Conditions of Use of the website www.sainthonore.com, prior to proceeding with the online ordering process.

 

As these General Terms & Conditions of Sale may be subsequently amended, the version applicable to the Client’s purchase is the one in effect on the website at the time of placing the order.

 

Unless otherwise proven, the data recorded in the Vendor’s IT system constitutes evidence of all transactions completed with the Client.

 

In accordance with the Data Protection Act of 6 January 1978, amended, the Client has a right of access, rectification and opposition to all their personal data at any time by written request, and with proof of their identity, to

 

SAS SAINT HONORÉ PARIS

Zone Artisanale Le Grand Crot

BP 31

25140 CHARQUEMONT

FRANCE

 

The confirmation of the order by the Client implies acceptance without restriction or reservation of these General Terms & Conditions of Sale.

 

The Client acknowledges that they have the capacity required to contract and acquire the Products offered on the website www.sainthonore.com.

 

The Products presented on the website www.sainthonore.com are for sale for the following territories: France, the European Union and outside the EU

 

In the event of an order being shipped to a country outside mainland France, the Client is the importer of the Product(s) concerned.

 

For all Products shipped outside the European Union and to overseas France, the price will be calculated inclusive of all taxes.

 

Customs duties or other local taxes or import duties or state taxes may be payable. They will be at the expense and are the sole responsibility of the Client.

 

 

 

ITEM 2 – Orders

 

It is up to the Client to select on the website www.sainthonore.com the Products that they wish to order, in accordance with the following process:

 

– Select Products by adding them to your basket;
– Enter your name, your Client details and a password to access your history on the website;
– The Client is informed that by accepting payment, they also accept the General Terms & Conditions of Sale;
– Check the order and, where necessary, correct any errors;
– Confirm the order;
– Pay using PayPal or a Mercanet interface (once the payment method is chosen, you will be redirected to the appropriate website).
The Client will receive confirmation of their order via electronic mail.

 

Contractual information is presented in French and is subject to confirmation at the very latest upon validation of the order by the Client.

 

Product offers are valid as long as they are visible on the website and within the limit of available stocks.

 

The sale will only be considered definitive when the Vendor has sent the Buyer confirmation of acceptance of the order by e-mail – and after it has received payment in full – and after it has received the full instalment due.

 

It is up to the Client to check the accuracy of the order and to immediately report any mistake.

 

Any order placed via the website www.sainthonore.com constitutes the creation of a contract agreed remotely between the Client and the Vendor.

 

The Vendor reserves the right to cancel or to refuse any order from a Client with whom a dispute may exist relative to the payment of a previous order.

 

The Client may track their order on the website www.sainthonore.com.

 

The Vendor is not intended to sell the Products on the website www.sainthonore.com to professionals, but only to consumers, for personal use.

 

The Vendor therefore reserves the right to refuse orders of the Product in large quantities – and composed of more than 20 identical items.

 

 

 

ITEM 3 – Prices

 

Products are supplied at prices in effect featured on the website www.sainthonore.com, at the time the order is recorded by the Vendor. Prices are expressed, inclusive of taxes, in Euros.

 

Prices take into account any possible deductions granted by the Vendor on the website www.sainthonore.com.

 

These prices are firm and non-revisable during their period of validity, such as indicated on the website www.sainthonore.com, the Vendor reserving the right, outside this period of validity, to modify prices at any time. These prices do not include handling costs, shipping, transportation and delivery, which will be billed in addition, under the terms indicated on the website www.sainthonore.com and calculated prior to placing the order.

 

The payment requested of the Client corresponds to the total amount of the purchase, including these costs.

 

The possibility of special Client orders may be considered. In this case, they will be subject to a cost estimate to first be approved by the Client. Cost estimates drawn up by the Vendor are valid for a 30-day period which will run from their date of drafting.

 

The order based on a cost estimate will not be deemed accepted until settlement of a deposit instalment of 30% of the order’s total amount.

 

An invoice is drawn up by the Vendor and sent to the Client upon delivery of the Products ordered.

 

Special offers on certain Products may be available on the website www.sainthonore.com during the year.

 

The 2019 Christmas offer is available from 20/11/2019 to 07/01/2020, within the limits of available stocks.

It concerns the Opera Twist and Carree watch collections :
– For each purchase of an Opera Twist watch, a golden or python pattern wrap-around strap is offered.
– For each purchase of a Carree watch, a Saint Honore Paris stainless steel & black lacquer pen is offered.
This offer is available on www.sainthonore.com and at the French retailers which are partners of the operation (non-exhaustive list) :
– BIJOUTERIE JEANVOINE – Bourg en Bresse
– BIJOUTERIE LANOE CITY – Caen
– BIJOUTERIE STYL’HEURE – Cherbourg
– BIJOUTERIE BARRIAL – Enghien les Bains
– BIJOUTERIE TOUCHARD – Laval
– BIJOUTERIE KERIBIN DERVELLOIS – Le Mans
– BIJOUTERIE RENAUD – Louhans
– BIJOUTERIE PAPEIL – Le Mesnil Esnard
– BIJOUTERIE L’ECRIN – Le Péage de Roussillon
– BIJOUTERIE SURVILLE – Saint Lo
– BIJOUTERIE JUVET – Thonon les Bains
– PRINTEMPS TOURS – Tours

 

 

ITEM 4 – Terms of payment

 

The price is payable in full on the day the order is placed by the Client, by means of secure payment, according to the following procedure:

 

– by Bank Cards: Visa, MasterCard, American Express

 

Payment data is exchanged using encrypted methods via the protocol Secure Sockets Layer (SSL).

 

 

ITEM 5 – Deliveries

 

Products ordered by the Client will be delivered in mainland France within – 2 days from the time of order dispatch – the dispatch time indicated in the Product description added to which are the handling and transit times – to the address provided by the Client when placing their order on the website www.sainthonore.com. Deliveries in the European Union and outside the European Union will be made within 10 days. Deliveries are suspended during the company’s annual closure of 1 month during the summer and 1 week at the end of the year.

 

Delivery is defined as the transfer to the Client of physical possession or control of the Product.

 

With the exception of special cases or unavailability of one or more Products, the Products ordered will be delivered at the same time.

 

The Vendor commits to making every effort to deliver the Products ordered by the Client within the times specified above.

However, these times are provided for information purposes only. However, if the Products ordered have not been delivered within 15 days following the delivery date indicated, for any reason other than that of force majeure or due to the Client, the sale may be resolved upon written request from the Client according to the terms provided for under articles L.216-2, L.216-3, L.241-4 of the French Consumer Code.

The amounts paid by the Client will then be restored at the latest within fourteen days following the date of termination of the contract, excluding any indemnities or retentions.

 

Deliveries are made by an independent transporter, to the address provided by the Client at the time of order and to which the transporter may easily gain access.

 

When the Client has taken it upon themselves to organise a transporter of their own choosing, the delivery is deemed to have been made as soon as the Vendor hands over the Products ordered into the care of the transporter, who accepts them without reservation.

The Client thus acknowledges that it is the transporter’s responsibility to make the delivery and has no recourse in terms of warranty against the Vendor in the event of failure to deliver the transported goods.

 

In the event of a special request by the Client concerning the packaging or transportation of Products ordered, duly approved in writing by the Vendor, the related costs will be subject to a specific additional invoice, based on a cost estimate previously approved in writing by the Client.

 

The Client is responsible for checking the condition of the Products delivered. The Client has 7 days from the date of delivery in which to formulate in writing (postal letter, e-mail) any reservations or claims for nonconformity or apparent defect of the Products delivered (e.g. damaged packaging, parcel already opened…), along with all related supporting documents (particularly photographs).

After this period and having failed to comply with these formalities, the Products will be deemed conform and exempt of any apparent defect and no claim will be legitimately accepted by the Vendor.

 

The Vendor will refund or replace, as quickly as possible and at its own expense, the delivered Products whose lack of conformity or apparent or hidden defects have been duly proven by the Client, according to the terms provided for under articles L.217-4 et seq. of the French Consumer Code and those provided for herein (in particular, see warranties).

 

 

ITEM 6 – Transfer of ownership – Transfer of risks

 

The transfer of ownership of the Vendor’s Products shall be carried out upon acceptance of the order by the Vendor, representing the agreement of the parties on the goods and on the price, regardless of the date of payment and delivery.

Regardless of the date of the Product’s transfer of ownership, the transfer of risks, of loss and of deterioration related thereto, will only take place when the Client takes physical possession of the Products. The Products will therefore transit at the Vendor’s risk and peril.

 

 

ITEM 7 – Right of retraction

Pursuant to the law, the Client has a period of fourteen days from the receipt of the Product in which to exercise their right of retraction with the Vendor, without having to justify their reasons nor pay any penalty, in view of an exchange or a refund, provided that the Products are returned in their original packaging and in perfect condition within 14 days following the notification to the Vendor of the Client’s decision to retract.

 

Returns must be made in their original and complete condition (packaging, accessories, instructions, etc.) in order to allow for their remarketing as new, along with their bill of purchase.

 

Damaged, soiled or incomplete Products are not taken back.

 

The right of retraction may be exercised online, using the retraction form available on the website www.sainthonore.com, in which case an acknowledgement of receipt on a permanent medium will be immediately sent to the Client by the Vendor, or any other declaration, devoid of ambiguity, expressing the willingness to retract.

 

Should the right of retraction be exercised within the aforementioned times, only the price of the Product(s) bought and the delivery costs will be refunded; the cost of return remains at the expense of the Client.

 

The exchange (subject to availability) or refund of the Product(s) returned by the Client will be carried out by the Vendor within 14 days of receipt of said Products, under the terms provided for herein.

 

However, in exception, the Client does not have the right to retract for clearly personalised Products

 

 

ITEM 8 – Vendor liability – Warranty

 

Products sold on the website www.sainthonore.com are conform with the law in France and present performances compatible with non-professional usage.

 

The Products supplied by the Vendor benefit automatically and without additional payment, regardless of the right of retraction, and pursuant to legal provisions,

 

– from the legal warranty of conformity, for Products that are apparently defective, spoiled or damaged or do not correspond to the order,

– from the legal warranty against hidden defects resulting from a flaw in material, design or manufacturing affecting the delivered Products and making them unfit for use,

under the terms and according to the procedures described in the appendix hereto (Warranty of conformity / Warranty against hidden defects).

 

In order to exercise their rights, the Client must inform the Vendor, in writing, of the non-conformity of the Product(s) within a maximum period of 7 days from the date of Product delivery, or of the existence of hidden defects within a maximum period of 7 days from the date of their discovery.

 

The Vendor will refund, replace or have repaired the Product(s) or parts under warranty judged non-conform or defective.

 

The cost of return for Products judged non-conform or defective will be refunded upon presentation of receipts.

 

Refunds for Products judged non-conform or defective will be carried out as quickly as possible and at the latest within 14 days following the Vendor’s ascertainment of the lack of conformity or hidden defect.

 

The refund will be carried out by crediting the Client’s bank account or by cheque addressed to the Client.

 

The Vendor’s liability shall not be engaged in the following cases:

– non-compliance with the legislation of the country to which the Products are delivered, that it is the Client’s responsibility to check,

– in the event of misuse, utilisation for professional purposes, negligence or lack of maintenance on the part of the Client, as in the event of usual Product wear & tear, of accident or of force majeure.

 

The Vendor’s warranty is, in all events, limited to the replacement or refund of Products that do not conform or are found to be defective

 

 

ITEM 9 – Data Protection

 

As part of the administration and processing of your order, we collect your personal data (e.g. surname, first name, addresses, telephone number, etc.). They are subject to processing for which the responsible party is

 

SAS SAINT HONORÉ PARIS

Zone Artisanale Le Grand Crot

BP 31

25140 CHARQUEMONT

FRANCE

Ms Oriane EMONIN – [email protected] +33 381 686 684

 

This personal data will only be processed or used in as much as it is required for:

– carrying out your order:

o use of your postal address to ship your order and establish your invoice,

o use of your telephone number and your e-mail address to send you confirmation of your order or contact you in the event of a problem with delivery,

 

Your personal details will be kept as long as necessary for the execution of your contract, for the fulfilment by the company of its legal and regulatory obligations and for the exercise of prerogatives granted to it by law and jurisprudence.

 

Throughout the duration of conservation of your personal data, we take all the necessary measures to ensure its confidentiality and its security, in such a way as to prevent it from being deteriorated, deleted or accessed by an unauthorised third party.

 

Access to personal data is strictly restricted to company employees, authorised to process it by virtue of their duties. The information collected may potentially be communicated to third parties bound to the company by contract for the execution of outsourced tasks necessary for the management of your contract (e.g. the company X to whom we have outsourced transportation).

It is hereby specified that, for the purposes of performing their services, third parties have only limited access to data and are under obligation to use it in compliance with the provisions of applicable law in terms of the protection of personal data.

 

The recipients of this data are entirely located within the European Union.

 

Pursuant to the legal and regulatory provisions applicable, you have a right of access, rectification, portability and deletion of your data and a right to limit its processing. You may also, for legitimate reasons, oppose the processing of your personal data.

You may, on the condition that you provide valid proof of identity, exercise your rights by contacting (specify the terms: by e-mail, by post… and include the name and contact details of the competent department or individual).

 

In the event of a problem with the management of your personal data, you may contact the National Commission for Data Protection & Liberties (further information at www.cnil.fr).

 

 

ITEM 10 – Intellectual Property

 

The contents of the website www.sainthonore.com are the property of the Vendor and its partners and are protected by French and International law relative to intellectual property.

 

Any reproduction, total or partial, of the content is strictly forbidden and is liable to constitute a breach of copyright.

 

In addition, the Vendor retains ownership of all intellectual property rights for photographs, presentations, studies, designs, models, prototypes, etc. carried out (including upon request by the Client) for the purposes of providing Services to the Client.

The Client therefore refrains from any reproduction or exploitation of said studies, designs, models and prototypes, etc., without the express, written and prior authorisation of the Vendor, who may make it contingent on a financial reward.

 

 

ITEM 11 – Applicable Law – Language

 

The General Terms & Conditions of Sale herein and the resulting transactions are governed by and subject to French law.

 

The present General Terms & Conditions of Sale are formulated in French. In the event that they may be translated into one or more foreign languages, the French text alone will prevail in the event of dispute.

 

 

ITEM 12 – Disputes

 

Any disputes arising from purchase or sales transactions concluded in application of the General Terms & Conditions of Sale herein, whether they concern their validity, interpretation, execution, cancellation, consequences or sequels, and which could not be resolved between the Vendor and the Client, will be subject to the competent courts under the terms of common law.

 

Pursuant to Article L.612-1 of the French Consumer Code, you may use the MEDICYS mediation service to which we belong free of charge: by e-mail at: conso.medicys.fr; or by post: MEDICYS – 73, Boulevard de Clichy 75009 Paris

 

The Mediator’s Service may be consulted subject to a prior written initiative by consumers vis-à-vis SAINT HONORÉ PARIS, which would not have been successful in resolving a consumer dispute between the Parties.

 

The Client may also present any claims on the platform for the resolution of disputes set-up online by the European Commission at the following address: “http://ec.europa.eu/consumers/odr/”. The European Commission will then transfer the Member’s claim to the competent registered national mediators.

 

In accordance with the rules applicable to mediation, the Client must, before any request for mediation, have previously referred any dispute to SAINT HONORÉ PARIS in writing in an attempt to reach an amicable solution.

 

 

 

APPENDIX I

Warranty provisions

 

 

 

APPENDIX 2

 

Retraction form