General Conditions of Sale

Unless otherwise stipulated, the invoice will be sent by email to the customer. 

By way of derogation from Article 1583 of the Civil Code, the goods remain the exclusive property of the seller until full payment of its invoices. Notwithstanding this retention of title, all risks of loss and damage relating to the goods in question are transferred to the customer upon taking possession. 

For deliveries outside Belgium, the customer is responsible for paying all customs duties, taxes and fees applicable in the country of delivery. 

4 - (PRE)ORDER 

4.1. Order 

To place an order via the Website, it is necessary to provide various information (including billing and delivery addresses, a telephone number, etc.). Each Customer is solely responsible for the information provided and its accuracy. It is also possible to create a customer account. Each Customer must ensure that their account is protected against fraudulent use. This protection includes, in particular, a sufficiently sophisticated and strictly confidential password. The Customer must notify the Seller as soon as possible of any fraudulent use of their account. 

The order and production of the Goods are only validated after receipt by the Seller of the payment made by the Customer, via the payment systems offered, and the sending of a confirmation email (provided that the Customer has provided a valid email address ).

4.2. Pre-order and deposit 

When pre-orders are possible, the Seller is entitled to cancel the sale at any time, including if a deposit has been paid, subject to full reimbursement of the deposit to the Customer, without the latter being able to claim any compensation.

Subject to the right of withdrawal granted to Consumers, a pre-order (validated by the payment of a deposit) cannot be cancelled by a Customer.

4.4. Personalization 

The Customer may choose to personalize the Goods with an engraving. This is a good made to the Customer's specifications or clearly personalized and does not allow for the right of withdrawal.

5 - DELIVERY

Delivery of the Goods is carried out by the Seller (or a third party designated by the Seller), using the means of transport of its choice, within the delivery areas it accepts, to the address provided by the Customer. The Goods travel at the Customer's risk regardless of the mode of transport chosen (see also Article 7, "Complaints").

5.1. Delivery time and date 

Delivery times are provided for informational purposes only and are calculated only from the date of actual receipt of payment from the Customer. Any delays in delivery times cannot give rise to damages or any refund. No deliveries are made on weekends or public holidays.

5.2. Delivery address 

Delivery can only take place in geographical areas validated by the Seller. For certain areas, the Seller will contact the Customer to determine the best delivery system to use (particularly when the postal system is notoriously deficient or non-existent). In this case, additional costs may be charged to the Customer (insurance and/or a specific postal service). 

The Customer is solely responsible for the delivery data provided and must provide all relevant information. If the data provided by the Customer to the Seller is incomplete and/or inaccurate, the Seller shall not be held liable for the inability to deliver the Goods and the Customer shall not be entitled to any refund. 

For deliveries made elsewhere than to a private home (office building, hotel, etc.), delivery is only guaranteed to the reception/lobby.

5.3. Second delivery 

If, for any reason (absence, incorrect address, etc.), the Customer has not taken delivery of the Goods and they are returned to the Seller, the cost of the second delivery will be charged to the Customer. 

6 - WARRANTY AND REPAIR 

6.1. For Consumers

The Goods are guaranteed against apparent defects and lack of conformity, subject to compliance with article 7 of the General Conditions (“claims”). 

In accordance with legal requirements, new goods are guaranteed against any lack of conformity for a period of two years, starting from the time the Goods are made available by the Seller to the Consumer. If the lack of conformity appears after a period of six months from the delivery of the Goods, proof of the existence of the defect at the time of delivery must be proven by the Consumer. A Good is compliant if it meets the requirements of Article 1649 ter of the Civil Code. 

The warranty for watches containing a battery covers the components of the watch, with the exception of the battery, which is considered a consumable . As such, the battery is guaranteed for a period of 6 months. This limited warranty applies only to manufacturing or conformity defects related to the battery. 

This specific battery warranty does not affect the 2-year legal warranty applicable to the other components of the watch, in accordance with the European Directive on the legal guarantee of conformity. Normal wear and tear of the battery resulting from regular use is not covered after the 6-month period has expired. 

In the event of a lack of conformity, the Consumer shall have the right, unless this is impossible or disproportionate, to require the Seller to repair or replace the Goods, all within a reasonable time, and without cost or significant inconvenience to the Consumer. If the Consumer is not entitled to repair or replacement of the Goods, or if the Seller has not carried out the repair or replacement within a reasonable time or without significant inconvenience to the Consumer, the latter shall have the right to require from the Seller an adequate reduction in the price or, in the event of a serious defect, the termination of the contract, excluding any claim for additional damages. Account shall be taken of the aggravation of the damage resulting from the use of the Goods by the Consumer after the time when he discovered the lack of conformity (or should have discovered it). 

This clause does not prevent the guarantee of hidden defects in the item sold, as provided for in Articles 1641 to 1649 of the Civil Code and the specific provisions of the General Conditions.

6.2. For professionals

Subject to the provisions of Article 8, hidden defects are covered by the warranty for a period of one year, starting from the date the Goods are made available by the Seller to the Customer. Beyond one year, the legal warranty applies if the hidden defect existed at the time of delivery, and provided that it renders the Goods unfit for the use for which they are intended or significantly reduces their use. 

The Customer must notify the seller of the hidden defect , by registered letter, as soon as possible, and in any case within 7 days from the day on which he noticed this defect or should normally have noticed it. The Seller will decide, at his sole discretion, the most appropriate means to remedy the defects or non-conformity, either the reimbursement of a portion of the purchase price, or the replacement of the Goods, or the cancellation of the sale, without the Customer being able to claim any other compensation.

6.3. Limitations 

The Seller shall not be liable for any damage caused by the use of the Goods, whether the damage is caused to the Customer, to their property or to third parties, even during the warranty period. 

The 24-month warranty after repair does not extend the general watch warranty, but applies exclusively to repairs carried out for reasons of water resistance or shock. Under no circumstances does the warranty cover indirect financial losses or damage caused by the immobilization of the watch during the repair process. 

7 - COMPLAINT - RIGHT OF WITHDRAWAL 

7.1. Complaint 

The Goods must be examined on the day of delivery to verify that they correspond to the order placed. Under penalty of forfeiture, any reservation regarding this must be mentioned on the delivery slip and reported, in writing with an acknowledgment of receipt, to the Seller's head office. Under penalty of forfeiture also, any claim must be accompanied by a copy of the invoice and the delivery slip and be duly documented and justified. 

Complaints must be made by the Customer as soon as possible, i.e. in accordance with the legal deadlines for Consumers (2 months from the date of discovery of the defect) and on the day of delivery for professionals. After this period, the Goods are presumed to have been definitively accepted by the Customer, and any apparent defects are irrefutably presumed to be non-existent. 

7.2. Right of withdrawal (only applicable to Consumers) 

Project-specific reservations are used for administrative support and order preparation. This reservation cannot be refunded even if the order is not finalized by the customer. 

Except for personalized Goods (see below), the Consumer has a period of 14 days to withdraw from the contract, without having to justify his decision and without incurring any costs other than those of delivery to return the Good to the Seller's registered office. The 14-day period begins to run from the date of delivery of the Good. After the 14-day period, the Seller will no longer be able to accept the return, and may return it to the Consumer (subject to the latter bearing the delivery costs). 

To exercise his right of withdrawal, the Consumer must inform the Seller in writing, with an acknowledgment of receipt, of his decision before the expiry of the 14-day period, by one of the following means: 

- use the model withdrawal form in Appendix 2 of Book VI (“ Market Practices and Consumer Protection ”) of the Code of Economic Law 

The Consumer exercising his right of withdrawal must return the Goods to the Seller no later than 14 days following notification of his decision to withdraw from the contract. The Consumer shall bear the direct costs incurred in returning the Goods, as well as the risks associated with this return. 

Without prejudice to the Consumer carrying out the necessary handling to enable him to establish the nature of the Goods, their characteristics and their proper functioning, the Goods must be returned to the Seller in new condition, in their original packaging also in perfect condition, without having been used. If the Consumer uses the Goods before the expiry of the 14-day period, he waives his right of withdrawal. The returned Goods must be accompanied by the invoice and the delivery slip. Any return whose sender cannot be identified will be refused. 

The refund of the order will take place within 14 days following the day on which the Seller is informed of the Consumer's decision to withdraw from the contract exercised in accordance with this article, using the same means of payment as that used for the initial transaction, and provided that all return procedures have been strictly complied with and that the Seller has recovered the Goods. The amount refunded will in all cases be limited to the sums actually paid by the Consumer. The Seller does not reimburse additional costs related to the choice of a delivery method other than the least expensive standard delivery method it offers. 

For personalized Goods (watch with engraving) , the Consumer cannot exercise the right of withdrawal provided for in the General Conditions. The Consumer may not return the Goods, nor request a refund or any compensation. 

8 - RESPONSIBILITY 

The Goods offered for sale on the Website are accompanied by a description drawn up by the Seller and illustrated by photographs which have an illustrative value and are not contractual. The photographs are as faithful as possible but cannot ensure a perfect similarity with the Good, in particular with regard to colors and/or dimensions. The Seller cannot be held responsible for errors which may appear in the texts and photos used in the description of the Goods. 

The Seller declines all liability for any direct or indirect damage and/or harm (loss of business, loss of profit, loss of opportunity, etc.) resulting from poor workmanship, malfunction or (improper) use of the Goods, except in cases of fraud on its part. Similarly, the Seller cannot be held liable for any direct or indirect damage and/or harm resulting from its gross negligence or fraud or gross negligence on the part of its employees and/or agents. 

The Seller declines all responsibility in the event of incomplete delivery data and/or refusal to take delivery of the Goods. 

Regarding the Website, the Customer uses it at his own risk. The Seller provides the Website as is, with all its imperfections and according to its availability. The Customer acknowledges and accepts that computer and telecommunications systems are not free from defects and that it is possible to experience service interruptions. The Customer remains solely responsible for the information he transmits via the Website and the consequences thereof. The Seller assumes no responsibility for the information provided by the Customer when creating an account and/or any other information encoded via the Website by the Customer. The Seller declines all responsibility in the event of loss and/or disclosure to third parties of the information communicated by the Customer via the Website. The Seller cannot guarantee that the transmission of data via the Website or other telecommunications systems is not monitored, recorded or distorted by third parties. The Seller also assumes no liability regarding the content of third-party sites to which it establishes a hyperlink, in particular with regard to the protection of privacy. 

The rules relating to consumer protection are applicable in the context of relations between the Seller and a Consumer. The Seller's liability cannot be extended beyond the mandatory legal provisions provided for in the law (Book VI. Market practices and consumer protection of the Code of Economic Law). 

In any event, the Seller's liability remains in all cases limited to the sums paid for the order which generated the call to the Seller's liability. 

9 - FORCE MAJEURE 

The Seller cannot be held responsible for non-execution of orders and/or delivery, in the event of force majeure such as in particular disruption or total or partial strike, in the event of blocking of road access and means of transport and/or communications, flooding, fire, accident, etc. 

10 - PRIVACY AND PERSONAL DATA 

The information provided by the Customer is only used by the Seller for the purpose of processing the order. 

The controller of personal data is the Seller. 

The personal data communicated to the Seller are processed for the management of its customers, which includes in particular the management of pre-contractual and contractual relations, as well as the use of data for commercial prospecting purposes (direct marketing). The Consumer may object, upon request and free of charge, to the processing of data concerning him/her for commercial prospecting purposes (direct marketing). At any time , the Customer may request the modification of his/her personal data, deactivate his/her account and/or request its deletion by sending a specific request to the Seller. The Seller may also refuse registration or delete an account without having to justify itself. 

11 - MISCELLANEOUS 

The invalidity of any provision of the General Conditions has no influence on the validity of the other provisions of the General Conditions and does not entail the invalidity of these provisions. 

The Seller reserves the right to modify the General Conditions at any time, by informing the Customer. This information will be provided to the Customer by email , via a notification on the Website or via any other means implemented by the Seller. The Customer will be asked to agree to these new general conditions. If no agreement is reached, the Customer will no longer be able to place an order via the Website. The new general conditions will apply to all new orders. 

The Seller may assign, transfer or otherwise dispose of its rights and obligations, in whole or in part, at any time and without notice. This assignment may not be detrimental to Customers. 

The entire content of the Website (including texts, photographs, etc.) is protected by copyright, trademark law, and other intellectual property rights. These elements are the property of the Seller or other third parties with whom the Seller has entered into agreements. Therefore, any copying, publication, reproduction, or any other exploitation, infringement in any form whatsoever, is prohibited without the prior written authorization of the Seller. Any infringement may result in civil and/or criminal prosecution. 

The Customer may not assign any rights or obligations arising from these General Conditions without the prior written consent of the Seller. 

Unless prior written authorization is obtained from the Seller, the creation of hypertext links to the Site, the use of its elements for direct or indirect commercial purposes, or any partial or total reproduction of the brands, logos or industrial models appearing therein, are strictly prohibited. 

12 - APPLICABLE LAW AND JURISDICTION 

The relationship between the parties is governed by Belgian law. In the event of a dispute, only the Courts and Tribunals of the Seller's registered office will have jurisdiction. The language of the proceedings will be French. 

In the event of a conflict between several language versions of these general conditions, the French version shall prevail.