TERMS AND CONDITIONS OF SALE



These General Terms and Conditions of Sale apply to the purchase in Europe of OBELUS brand products on the European website www.obelus-watches.com. OBELUS is a French SAS with a capital of EUR 10,000, whose French registered office is located in Versailles (78000), 18 rue Berthier, registered in the Versailles Trade and Companies Register under number 900 144 445, whose intra-Community VAT number is FR104900144445, whose Siret number is 900 144 445 00013 and whose telephone number is +33 (0)1 30 24 89 85, represented by Mr Thomas LARDIERE

.Article 1 - Purpose 
The purpose of this contract is to define the terms and conditions of sale of the products marketed on the website www.obelus.watches.com (hereinafter referred to as "the Site") between OBELUS SAS (hereinafter referred to as "the Seller") and any person over the age of 18 and/or with the capacity to contract (hereinafter referred to as "the Customer") wishing to make a purchase for strictly personal needs, to the exclusion of any professional or commercial purpose (hereinafter referred to as "the Parties"). It is expressly agreed between the Parties that the General Terms and Conditions of Sale in force on the day of purchase and accepted by the Customer exclusively govern their relationship. Should any provision be lacking, it shall be deemed to be governed by the practices in force in the distance-selling sector whose companies have their registered offices in France. This contract is available in French and English. The Parties agree that in the event of contradiction between the different language versions, the French version shall prevail.

Article 2 - Product presentation 
2.1. Product description 
The products available for sale on the Site are represented by high-quality photographs and accompanied by a description of their essential characteristics. Products are described and presented as accurately as possible. However, due to computer technology, the items delivered may sometimes differ slightly, particularly in color, from the photographs on the Site.

2.2. Prices 
Prices are indicated in Euros (€), all taxes included. They take into account the Value Added Tax (VAT) in force on the day of the order in the customer's territory of residence and of delivery of the order. The Vendor is free to modify the sale price of its products at any time. However, the prices appearing at the time of purchase are those applicable to that purchase and cannot be modified once the Customer's order has been validated. Product prices do not include delivery charges, which are payable by the Customer and will be indicated in the shopping basket and on the order form before the order is validated. Any validation of an order implies acceptance by the Customer of payment of the total price previously indicated. In the event of an obvious error in the price of a product, the Vendor reserves the right to cancel the purchase of this product, at no cost to the Customer.

 
Shipping costs 
The exact amount of shipping costs depends on the country to which the order is shipped. For more details on shipping costs by country, the Customer is invited to consult the heading «Conditions de livraison » on the website. The total price indicated on the last screen of the payment process and in the order confirmation includes taxes and shipping costs. 

Article 3 – Order
3.1 – Ordering
The customer must follow several steps to place an order on the Site:

  1. Product selection
  2. Add products to basket
  3. Check / Change order
  4. Choice of delivery and billing options
  5. Acceptance of Terms and Conditions
  6. Payment
  7. Order validation
  8. Receipt of order confirmation.

The customer has the option of modifying his/her basket before final validation. The Customer is bound by the order from the moment he ticks the required box and clicks on the "Complete order" button at the end of the order process. By these last two actions, the customer agrees to accept the OBELUS terms and conditions of sale. Once the order has been registered, a confirmation message will automatically appear on the Site, indicating the order number and details of the products purchased. Once the order has been received by the Vendor, the Vendor will send the Customer a detailed e-mail acknowledging receipt of the order, specifying the products ordered and the amount invoiced (including all taxes and shipping costs). This acknowledgement of receipt constitutes the Vendor's acceptance of the order placed by the Customer. Any order implies acceptance by the Customer of the prices and descriptions of the products purchased, as well as of the General Terms and Conditions of Sale in force on the day of the order. For all exceptional orders (notably due to quantities ordered or place of delivery), the Customer must contact Customer Service. 3.2 - Prior acceptance of the General Sales Conditions All orders placed on the Site require the explicit prior consultation and acceptance of the General Terms and Conditions of Sale by the Customer via a checkbox on the acceptance window appearing during the order placement process.

  • the customer's bank details are unusable (incorrect or unverifiable),
  • the payment has been refused by the Customer's Bank or has not been made within the deadline,
  • the delivery address provided by the Customer is incorrect or does not exist,
  • the Customer is presumed not to have the capacity to contract or not to order for strictly personal needs,
  • the price indicated contained an obvious error,
  • the order is identified by security systems as being unusual or susceptible to fraud,
  • the Customer has breached these General Terms and Conditions of Sale,
  • or for any other legitimate reason.

The Vendor may then carry out additional checks and ask the Customer for the documents or information necessary for the proper execution of the order. The Vendor may not be held responsible for any damage or costs incurred as a result of this refusal or blocking of an order. 

3.4 – Product availability
Orders are only honoured while stocks last. Product offers and prices are valid as long as they are visible on the Site when the Customer places an order, subject to availability. If a product is not available after the Customer has placed an order, the Vendor will inform the Customer by e-mail as soon as possible. The amount of the order will be recalculated and the Customer will be reimbursed for the value of the unavailable products, or the full amount of the order if it is entirely unavailable, at the latest within 30 days of payment of the sums paid by the Customer. Cancellation of the order by the Vendor in the event of product unavailability will not entitle the Customer to any compensation. If a product is unavailable, the Vendor may supply a product of equivalent quality and price if the Customer agrees. In this case, the seller will bear the cost of returning the substituted product. 

Article 4 – Payment 
4.1 - Change
For European Union territories to which the Vendor agrees to deliver products, orders are payable in Euros (€). If the Customer's local currency differs from the currency in which the prices appear on the Site, the Customer's bank will apply the exchange rate in force on the date of the order (unless a different exchange rate is applied at the discretion of the Customer's bank). Consequently, changing the country of delivery may modify the price of the products in view of the currency change. 

4.2 - Terms of payment
The customer can pay for his order on the secure payment server by Visa, Mastercard or Paypal credit card, indicating his credit card number, expiry date and the last three digits on the back of the card. The customer's account is debited as soon as the order is placed.

4.3 – Payment security
The seller has implemented a secure transaction process to ensure the security, integrity and confidentiality of payments made via its site. Credit card numbers are not stored in the seller's system. At the time of purchase, customers' bank details and payment details are encrypted using SSL (Secure Socket Layer) protocol from the moment they are entered by the customer until the transaction is completed. No banking information concerning the Customer passes through the Site, nor is it recorded on a public server or on the Vendor's servers. The Customer's bank details will therefore be requested each time a new order is placed on the Site. However, the seller cannot be held responsible for damage resulting from events beyond its control linked to the use of electronic communications (failure or delay in the transmission of electronic communications/data, interception or manipulation of electronic communications by third parties and/or computer viruses). 

4.4 - Reservation of ownership
The Seller reserves ownership of the products until full payment has been received. 

4.5 - Promotion codes
Discount offers (promotional codes, vouchers, etc.) entitle the customer to an exceptional discount on the purchase of a single product or the order of several products during the period of validity. These offers are valid only during the period of validity and within the limits of the products and stocks available indicated on the offer concerned. Discount offers are personal, non-transferable to a third party for any reason whatsoever and may only be used for online purchases on the Site. Discount offers cannot be combined with each other or with any other special offer or promotion, unless otherwise specified in the offer. Discount offers cannot be exchanged for cash. Discount offers are deducted from the total amount of the product or order, including all taxes, excluding delivery charges, which are payable by the Customer. 

Article 5 – Shipping
5.1 – Shipping location
Orders can be delivered to the territories listed below. If the Customer wishes delivery to a territory other than those listed below, he/she may contact Customer Service. However, the Vendor will only be able to meet this request insofar as it is technically possible and the Customer agrees to bear all the resulting costs, which will have been indicated to him in advance by the Vendor.

We offer standard and express deliveries to the following countries:

ZONE 1 :  France
ZONE 2 :  Europe
ZONE 3 :  Monde

(For orders with delivery outside Europe, please note that OBELUS-independent surcharges may apply when entering your country through customs. To view prices directly on the site, you must be logged in to your customer area and have an address outside the European Union).

5.2 – Delivery times

From Monday to Friday, orders validated before 4pm (CET) are processed the same day. Orders validated after the above-mentioned times are processed from the 1st working day following the day of the order. Orders validated on Saturdays, Sundays or public holidays in France are processed from Monday or the next working day. Delivery deadlines are expressed in working days and vary according to destination (working days are days actually worked in the company, excluding Saturdays, Sundays and public holidays). Delivery times must be taken into account once the parcel has left our warehouse. If the delivery time indicated by the Vendor at the time the order is placed is not respected, the Customer may cancel the order. If the order is cancelled, the Vendor will reimburse the Customer immediately, and in any event no later than 7 days after termination of the contract, for any sums paid under the contract. Free delivery applies to standard delivery only, unless otherwise indicated on obelus-watches.com.

  EXPRESS (24/72h)
ZONE 1 :  6€
ZONE 2 :  12€
ZONE 3 : 49€




5.3 – Delivery terms and conditions
The transport of the products ordered is entrusted by the Vendor to various carriers. The Customer must sign the delivery note given to him by the carrier at the time of delivery. In the event that it is impossible to deliver the order to the Customer (absence of the Customer, incorrect or untraceable address, failure by the Customer to provide the necessary access codes, impossible access to the place of delivery, etc.), the carrier will leave a notice with the Customer indicating that it has tried to deliver the parcel, as well as the procedure to be followed to recover the parcel. In most cases, carriers will try again 2 or 3 times to deliver the parcel to the delivery address indicated and/or indicate the nearest drop-off point to the delivery address where the parcel can be collected. If the order still cannot be delivered, the parcel is returned to the Seller, who will keep it for 30 days at the customer's disposal. Orders may be delivered in instalments if, for example (but not exhaustively), some products are unavailable. In this case, the Vendor will inform the Customer by e-mail to the address provided when the order was placed. The Vendor will propose a new delivery date for the unavailable products to the Customer, who will be free to accept it or not. The Vendor will bear the additional shipping costs, which will not be invoiced to the Customer. Should the Customer refuse to accept the new delivery date, the Vendor will reimburse the Customer for the undelivered products within 7 days of receipt of the Customer's written refusal.

5.4 - Delivery control
Upon delivery, the Customer must check the products and their packaging to verify whether or not the products are damaged. If the products are damaged, the Customer must refuse delivery and the Vendor will reimburse the full price of the damaged products and the delivery charges within 7 days of receipt and registration of the return of the damaged products by the Vendor.

5.5 - Risk transfer
The risk of loss or damage to the products ordered is transferred to the Customer when the Customer, or a third party designated by the Customer, takes physical possession of the products ordered. However, the risk is transferred to the Customer at the time of delivery (on the agreed date) if the Customer, or a third party designated by him, manifestly fails to take the reasonable measures necessary to take physical possession of the products ordered.

5.6 – Order tracking
When the order is placed, the Customer is given an order tracking number. This number enables the Customer to access information on the progress of the delivery of the order via the website of the carrier designated by the Vendor, in the space reserved for tracking packages. The address of the carrier's website is indicated to the Customer in the order confirmation e-mail. The Customer may also contact Customer Service for any questions relating to order tracking.

Article 6 – Right of cancellation
The customer has a period of 30 days from the day on which he takes physical possession of the products ordered on obelus-watches.com to return the products. It must be possible to prove that the products were sent before the deadline (e.g. by means of a postal receipt). If the last day of this period is a public holiday, Saturday or Sunday, the period will end on the next working day. Customers may return ordered products without giving reasons, provided that the products are intact, complete, unstained, undirty, unwashed, unworn and in their original, undamaged packaging. Refused returns will be sent back to the customer. In the case of split deliveries (several products ordered at once by the Customer and delivered separately), the withdrawal period runs from the delivery of the last product ordered. When the product is made up of batches or several pieces, the withdrawal period runs from delivery of the last batch or piece. The right of withdrawal does not apply to hygienically sensitive products, such as underwear, swimwear, earrings, piercings, etc., once the Customer has unsealed them or opened the packaging. The Customer shall inform the Vendor of his decision to withdraw before the expiration of the withdrawal period by returning the products to the Vendor together with the delivery note. It must be possible to prove that the products were sent before the end of the withdrawal period (e.g. in the form of a postal receipt). For products on sale or on special offer, the Customer has 5 days to return the products from the day he/she informs the Vendor. The Vendor will reimburse the Customer for the full price of the returned products, including delivery costs (in standard mode), by the means of payment used by the Customer at the time of ordering, as soon as possible and at the latest within 30 days of the date on which the Vendor received the Customer's request for retraction and the products. The time limits begin to run when the Vendor receives the declaration of withdrawal or the products. In general, the day of receipt of the declaration or the products is not taken into account when calculating the time limits. If the last day of the period coincides with a public holiday, Saturday or Sunday, the period ends on the next working day. However, reimbursement will only be made once the returned products have been received by the Vendor. 

Model of withdrawal from a distance purchase / https://www.service-public.fr/professionnels-entreprises/vosdroits/R38397


Article 7 – Conformity and latent defect warrantiesProducts are subject to the legal warranty of conformity and the warranty against hidden defects, which allow the customer to return products delivered defective or not in conformity with the order. The Customer has a period of 2 years from the actual delivery of the product to assert his rights under the legal warranty of conformity. To do this, the Customer must inform the Vendor of the lack of conformity within 2 months of the date on which it was discovered. In the absence of proof to the contrary, any lack of conformity which appears within 6 months of actual delivery to the Customer is presumed to have existed at the time of delivery; after this period, the Customer must prove that the lack of conformity existed on the day of delivery of the product concerned. In the event of non-conformity of a product with the contract, the Customer may request repair or replacement of the product, or, if this proves impossible or disproportionate for the Seller (for example, if the costs are excessive in comparison with a reduction in price or cancellation of the contract), an appropriate reduction in price with retention of the product concerned, or full reimbursement with return of the product concerned to the Seller (cancellation of the order is not possible in the event of minor non-conformity). The customer also has a right of action arising from latent defects (articles 1641 to 1649 of the French Civil Code), enabling him either to return the defective product and have the price refunded, or to keep it and have part of the price reimbursed. This action must be brought by the customer within 2 years of discovery of the defect. The Customer may make claims by contacting Customer Service and/or by returning the products to the Vendor together with the form attached to the delivery note. In all cases, if the Customer's complaint is justified and feasible, the Vendor will, where appropriate, repair or replace the product concerned free of charge, offer an appropriate price reduction or refund the Customer the full purchase price of the product concerned, plus delivery and return costs. Refunds are made by the means of payment used by the Customer at the time of the order, as soon as possible and at the latest within 30 days of the date on which the Vendor received the Customer's complaint and the product. However, reimbursement will only be made once the returned product has been received by the Vendor. If the Customer's complaint is not justified, the Vendor will inform the Customer of the reasons for its refusal and the product will, at the Customer's option, be made available to the Customer at the Vendor's warehouses or sent to the address communicated by the Customer, at the Customer's expense, within 30 days of the Vendor's receipt of the product returned by the Customer. 

Article 8- Commercial warranties
When a product benefits from a commercial warranty, the conditions of this special warranty are set out directly in the description of the product concerned. Commercial warranties do not deprive the Customer of his rights under the aforementioned legal warranties of conformity and redhibitory defects, or of any other contractual or extra-contractual action to which he may be entitled by law. 

Article L211-4 du code de la consommation français
The seller is obliged to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when the latter was his responsibility under the contract or was carried out under his responsibility.

Article L211-5 du code de la consommation français
To conform to the contract, the good must :
1) Be fit for the purpose ordinarily expected of similar goods and, where applicable :

  • correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model
  • have the qualities that a purchaser may legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling.

2) 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 accepted by the latter..

Article L211-12 du code de la consommation français
Any action arising from a lack of conformity must be brought within two years of delivery of the goods.

Article 1641 du code civil français
The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair that use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them..

Article 1648 al 1er du code civil français
The buyer must bring an action for redhibitory defects within two years of discovery of the defect.

Article 9 – Service Client
For any questions relating to orders placed on the Site, the customer may contact the Customer Service team.

  • by telephone from Monday to Thursday from 9.30am to 6pm and Friday from 9.30am to 5pm (CET) on :
    France: +33 (0) 1 30 24 89 85
  • by e-mail to : (reply within 2 working days)
     contact@obelus-watches.com

by post - response within 4 working days (+ postal delivery time) - to :

OBELUS SAS
Attention Service Clients
18 rue Berthier
78000 Versailles
France

Article 10 – Personal data
Customer data is collected and processed by OBELUS. Through its server located in the United States. Customers may consult the «Notifications Confidentielles» on the Website www.obelus-watches.com in order to obtain details of the personal data policy and to be informed of the use of personal data and how it is collected and secured. Customer data is communicated to the Seller solely for the purpose of fulfilling their orders in Europe. This information is strictly confidential and is intended only for the Seller and the companies appointed by him to carry out the sales contract. It is processed in strict compliance with the provisions of Law no. 78-17 of January 6, 1978 on data processing, data files and individual liberties, as amended. In accordance with this law, the customer has the right to access, modify, rectify and delete information concerning him or her. Customers may exercise this right at any time by contacting Customer Services, stating their full name, address and e-mail address, or by writing directly to:

OBELUS SAS
Attention Service Clients
18 rue Berthier
78000 Versailles
France


The Customer is informed that this automated data processing has been declared to the CNIL under number 1628368 v 0 dated 06-11-2012. The Seller reserves the right to contact the Customer in order to confirm his/her personal data. However, in order to preserve the confidentiality and security of the Customer's personal data, the Vendor will never directly request confirmation of full bank details. In the event of suspected credit card fraud, the Vendor may ask the Customer for a photo copy or scan of a color ID (passport, ID card), as well as a photocopy of the front of the Customer's credit card in color, masking the first 12 digits of the card number. If the Customer does not wish to provide these documents, he/she may cancel the order free of charge.

Article 11 – Evidence and archiving of transactions
The Customer and the Vendor agree that all digital elements exchanged between them (data, information, files, dates and times of connection to the Site, etc.) constitute admissible, valid, opposable and probative evidence. The Vendor will keep electronic documents relating to orders for a period of 10 years from the date the order is placed. Archiving is carried out on a reliable and durable medium in accordance with the law in force. Customers may request access to and/or a copy of archived documents at any time by contacting Customer Service. 

Article 12 - Responsibility
The Seller is liable for any damage caused to the Customer as a result of the Seller's breach of its legal or contractual obligations. However, the Vendor may not be held liable in the event of non-performance of its legal or contractual obligations attributable either to the unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure as defined by French Jurisprudence, or to the act or fault of the Customer. Similarly, the Vendor may not be held liable for any inconvenience or damage linked to the use of the Internet, in particular an interruption in the availability of the Site, a break in service, external intrusion or the presence of computer viruses, the loss or alteration of data or files, or for indirect damage, whatever the cause or consequence. The Site may contain links to third-party sites not edited or controlled by the Seller, who therefore declines all responsibility for their content and for any relations the Customer may have with these third-party sites.

Article 13 – Complete and up-to-date General Terms and Conditions of Sale
Should any of the clauses of the present contract be rendered null and void by a change in regulations or by a court decision, this shall in no way affect the validity of and compliance with the other provisions of the present General Terms and Conditions of Sale. The General Sales Conditions applicable are those in force on the day of sale. 

 
Article 14 – Applicable law and jurisdiction
Subject to the more favorable public policy provisions of the law of the country in which the Customer has his habitual residence, the present General Terms and Conditions of Sale as well as any relations and/or disputes arising from sales on the Site are governed by French law. Following a prior written request from consumers, a Mediator may be contacted by the latter, simply and free of charge, for any consumer dispute which has not been settled..

At European level, the European Commission provides the Customer with an online dispute resolution platform at the following address : https://ec.europa.eu/consumers/odr/. The European Commission will transfer the customer's complaint to the competent national mediators.