Terms of sale
Scope of application
These General Terms and Conditions of Sale apply, without restriction or reserve, to all sales concluded by SAINT HONORÉ PARIS SAS ("the Vendor") with non-professional buyers ("the Customers or the Customer") wishing to acquire the products offered for sale by the Vendor ("the Products") on the www.sainthonore.com website.
In particular, they specify the conditions of ordering, payment, delivery, and management of any returns of Products ordered by Customers. The Products offered for sale on the www.sainthonore.com website are as follows :
– Watchmaking Products, writing instruments and fashion accessories
The main characteristics of the Products, and in particular the specifications, illustrations, and indications of dimensions or capacity of the Products, are presented on the www.sainthonore.com website.
The Customer must read them before placing an order.
The choice and purchase of a Product is the sole responsibility of the Customer.
The photographs and graphics presented on the www.sainthonore.com website are not contractual and do not engage the responsibility of the Vendor.
It is the Customer's responsibility to refer to the description of each Product in order to know its essential properties and particularities.
Product offers are subject to availability, as specified when the order is placed.
The Vendor's contact details are as follows :
SAS SAINT HONORÉ PARIS
Zone Artisanale Le Grand Crot
25140 CHARQUEMONT
These General Terms and Conditions of Sale apply to the exclusion of all other terms and conditions, in particular those applicable to in-store sales or sales via other distribution and marketing channels.
These General Terms and Conditions of Sale are accessible at all times on the www.sainthonore.com website and shall prevail, where applicable, over any other version or contradictory document.
The Customer declares that he has read these General Terms and Conditions of Sale and accepted them by ticking the appropriate box before proceeding with the online ordering procedure, as well as the general terms and conditions of use of the www.sainthonore.com website.
As these General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer's purchase is that in force on the website on the date the order is placed.
In the absence of proof to the contrary, the data recorded in the Vendor's computer system constitutes proof of all transactions concluded with the Customer.
In accordance with the French Data Protection Act of January 6, 1978, as amended, Customers have the right to access, rectify and object to all their personal data at any time by sending a letter, with proof of identity, to
SAS SAINT HONORÉ PARIS
Zone Artisanale Le Grand Crot
25140 CHARQUEMONT
Validation of the order by the Customer implies unreserved acceptance of these General Terms and Conditions of Sale.
The Customer acknowledges having the capacity required to contract and purchase the Products offered on the www.sainthonore.com website.
The Products presented on the www.sainthonore.com website are offered for sale in the following territories: France
In the event of an order to a country other than mainland France, the Customer is the importer of the Product(s) concerned.
For all Products shipped outside the European Union and French overseas departments and territories, 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 are the sole responsibility of the Customer.
ARTICLE 2 – Orders
It is the Customer's responsibility to select the Products they wish to order on the www.sainthonore.com website, in accordance with the following procedures:
– Product selection by adding it to the basket;
– Enter the Customer's name, contact details and a password to retrieve their history on the website;
– Please note that if the Customer accepts payment, he also accepts the General Terms and Conditions of Sale;
– Verification of the order and, if necessary, the correction of any errors;
– Confirmation of the order;
– Payment via PayPal or Mercanet module (once the payment method has been chosen, redirection to the concerned site).
The Customer will receive confirmation of the order by e-mail.
Contractual information is presented in French and will be confirmed at the latest when the order is validated by the Customer.
Product offers are valid as long as they are visible on the website, while stocks last.
The sale will only be considered final once the Vendor has sent the Buyer confirmation of acceptance of the order by e-mail - and once the Vendor has collected the full price - and once the Vendor has collected the full deposit due.
It is the Customer's responsibility to check the accuracy of the order and to report any errors immediately.
Any order placed on the www.sainthonore.com website constitutes the formation of a remote contract between the Customer and the Vendor.
The Vendor reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
The Customer can track the progress of their order on the www.sainthonore.com website.
The Vendor is not in the business of selling the Products on the www.sainthonore.com website to professionals, but only to consumers for their personal needs.
The Vendor therefore reserves the right to refuse orders for the same Product in large quantities - and comprising more than 20 identical items.
ARTICLE 3 – Rates
Products are supplied at the current rates shown on the www.sainthonore.com website, at the time the order is registered by the Vendor. Prices are given in Euros and include all taxes.
The rates take into account any discounts granted by the Vendor on the www.sainthonore.com website.
These rates are firm and non-revisable during their period of validity, as indicated on the www.sainthonore.com website, with the Vendor reserving the right, outside this period of validity, to modify the rates at any time. They do not include processing, shipping, transport, and delivery costs, which are invoiced in addition, under the conditions indicated on the www.sainthonore.com website and calculated before the order is placed.
The payment requested from the Customer corresponds to the total amount of the purchase, including these charges.
Specific Customer orders may be considered. If necessary, they will be the subject of an estimate accepted in advance by the latter. Quotations drawn up by the Vendor are valid for 30 days from their date of issue.
An order based on a quotation is not considered accepted until a deposit of 30% of the order amount has been paid.
An invoice is issued by the Vendor and given to the Customer upon delivery of the Products ordered.
Promotions on certain Products may be available on the www.sainthonore.com website throughout the year
ARTICLE 4 – Terms of payment
The price is payable in cash, in full, on the day the order is placed by the Customer, by secure payment, in accordance with the following terms and conditions :
– by credit card: Visa, MasterCard, American Express
Payment data is exchanged in encrypted mode using the Secure Sockets Layer (SSL) protocol.
ARTICLE 5 – Deliveries
The Products ordered by the Customer with standard delivery will be delivered in mainland France and Europe within - a period of 4 to 5 days of dispatch of the order - the dispatch time indicated on the Product sheet, plus the processing and delivery time - to the address indicated by the Customer when placing the order on the www.sainthonore.com website.
The Products ordered by the Customer with express delivery will be delivered in mainland France and Europe within - a period of 2 days of dispatch of the order - the dispatch time indicated on the Product sheet, plus the processing and delivery time - to the address indicated by the Customer when placing the order on the www.sainthonore.com website.
The deliveries are now available to certain European countries. The countries currently served are: Belgium, Germany, Italy, Netherlands, Romania, Serbia, Spain.
Deliveries are suspended for the company's annual closure for 1 month during the summer and 1 week at the end of the year.
Delivery is constituted by the transfer to the Customer of physical possession or control of the Product.
Delivery times vary depending on the destination and the selected shipping method.
Shipping fees are automatically calculated based on the destination country and the package weight. Customs duties or other local taxes may apply according to the regulations of the delivery country and remain the responsibility of the customer.
Except in special cases or when one or more Products are unavailable, all Products ordered will be delivered at once.
The Vendor undertakes to try its best to deliver the Products ordered by the Customer within the time limits specified above.
However, these times are given as an indication only. However, if the Products ordered have not been delivered within 15 days of the indicative delivery date, for any reason other than force majeure or the fault of the Customer, the sale may be canceled at the written request of the Customer under the conditions set out in Articles L 216-2L 216-3L241-4 of the French Consumer Code.
The amount paid by the Customer will then be returned to him at the latest within fourteen days of the date of termination of the contract, to the exclusion of any compensation or deduction.
Deliveries are made by an independent carrier, to the address given by the Customer at the time of ordering and to which the carrier has easy access.
When the Customer has chosen a carrier, delivery is deemed to have taken place as soon as the Products ordered have been handed over to the carrier by the Vendor, and the carrier has accepted the Products without reservation.
The Customer therefore acknowledges that it is the carrier's responsibility to make the delivery and has no recourse against the Vendor in the event of non-delivery of the goods transported.
In the event of a specific request from the Customer concerning the packaging or transport conditions of the Products ordered, duly accepted in writing by the Vendor, the related costs will be subject to specific additional invoicing, based on an estimate previously accepted in writing by the Customer.
The Customer must check the condition of the Products delivered. He has a period of 7 days from delivery to express any reservations or claims for non-conformity or apparent defects of the Products delivered (e.g. damaged package already opened, etc.) in writing (by post or e-mail), with all relevant supporting documents (in particular photos).
Once this period has elapsed, and if these formalities have not been complied with, the Products will be deemed to be in conformity and free from any apparent defect, and no claim will be validly accepted by the Vendor.
The Vendor will reimburse or replace, as soon as possible and at its own expense, any Products delivered which the Customer has duly proven to be lacking in conformity or to have apparent or hidden defects, in accordance with the conditions set out in Articles L 217-4 et seq. of the French Consumer Code and those set out in these General Terms and Conditions of Sale (see warranties, in particular).
ARTICLE 6 – Transfer of ownership - transfer of risk
The transfer of ownership of the Vendor's Products will take place upon acceptance of the order by the Vendor, materializing the agreement of the parties on the item and on the price, regardless of the date of payment and delivery.
Whenever the transfer date of Product ownership may be, the transfer of the risks of loss and deterioration relating to them will only take place when the Customer takes physical possession of the Products. Products therefore travel at the Vendor's risk.
ARTICLE 7 – Right of withdrawal
In accordance with the legal provisions in force, the Customer has a period of fourteen days from receipt of the Product to exercise his right of withdrawal from the Vendor, without having to justify his reasons or pay any penalty, for the purpose of exchange or reimbursement, provided that the Products are returned in their original packaging and in perfect condition within 14 days of notification to the Vendor of the Customer's decision to withdraw.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) to enable them to be remarketed as new, accompanied by the purchase invoice.
Damaged, soiled, or incomplete Products cannot be returned.
The right of withdrawal may be exercised online, using the withdrawal form available on the www.sainthonore.com website, in which case an acknowledgment of receipt on a durable medium will be immediately communicated to the Customer by the Vendor, or any other unambiguous statement expressing the wish to withdraw.
If the right of withdrawal is exercised within the aforementioned period, only the price of the Product(s) purchased and the delivery costs will be reimbursed; the cost of returning the Product(s) will be borne by the Customer.
The exchange (subject to availability) or refund will be made within 14 days of receipt by the Vendor of the Products returned by the Customer under the conditions set out in this Article.
By way of exception, Customers do not have the right to withdraw from contracts for clearly personalized Products
ARTICLE 8 – Vendor's liability - warranty
The Products sold on the www.sainthonore.com website comply with the regulations in force in France and their performance is compatible with non-professional use.
Irrespective of the right of withdrawal, the Products supplied by the Vendor benefit automatically and without additional payment, in accordance with legal provisions
– from the legal guarantee of conformity, for apparently defective, spoiled or damaged Products or Products that do not correspond to the order,
– from the legal warranty against hidden defects resulting from a material, design or manufacturing defect affecting the Products delivered and rendering them unfit for use,
under the terms and conditions defined in the appendix to these General Terms and Conditions of Sale (Warranty of Conformity / Warranty of Hidden Defects).
In order to assert his rights, the Customer must inform the Vendor, in writing, of the non-conformity of the Products within a maximum period of 7 days from delivery of the Products or the existence of hidden defects within a maximum period of 7 days from their discovery.
The Vendor will refund, replace, or repair Products or parts under warranty deemed to be non-conforming or defective.
The cost of returning Products found to be non-compliant or defective will be reimbursed upon presentation of supporting documents.
Refunds for Products found to be non-conforming or defective will be made as soon as possible and at the latest within 14 days of the Vendor's finding of the non-conformity or hidden defect.
Refunds will be made by crediting the Customer's bank account or by check sent to the Customer.
The Vendor cannot be held liable in the following cases :
– non-compliance with the legislation of the country to which the products are delivered, which it is the Customer's responsibility to check,
– in the event of misuse, use for professional purposes, negligence, or lack of maintenance on the part of the Customer, as well as in the event of normal wear and tear of the Product, accident, or force majeure.
The Vendor's warranty is, in any event, limited to the replacement or refund of non-conforming Products or Products affected by a defect
ARTICLE 9 – Data protection
In order to manage and process your order, we need to collect your personal data (e.g. surname, first name, address, telephone number, etc.). They are processed by a company whose manager is
SAS SAINT HONORÉ PARIS
Zone Artisanale Le Grand Crôt
25140 CHARQUEMONT
Ms Aurélie GIRARD – contact@sainthonore.com +33 381 686 688
Personal data will only be processed or used to the extent necessary to :
– place your order:
o Use of your postal address to send you your order and prepare your invoice
o Use of your telephone number and personal e-mail address to send you confirmation of your order or to contact you in the event of delivery problems,
Your personal information will be kept for as long as is necessary for the performance of your contract, the fulfillment of the company's legal and regulatory obligations, and the exercise of the prerogatives granted to it by law and jurisprudence.
For as long as your personal data is held, we take all necessary steps to ensure its confidentiality and security, so as to prevent damage, deletion, or access by unauthorized third parties.
Access to personal data is strictly limited to company employees authorized to process such data by virtue of their position. The information collected may be communicated to third parties linked to the company by contract for the performance of subcontracted tasks necessary for the management of your contract (e.g. company X to whom we have subcontracted delivery).
It is specified that, in the context of the performance of their services, third parties have only limited access to the data and are obliged to use it in accordance with the provisions of the applicable legislation on the protection of personal data.
All data recipients are located within the European Union
In accordance with the applicable legal and regulatory provisions, you have the right to access, rectify, transfer, and delete your data, or to limit its processing. You may also, for legitimate reasons, object to the processing of your personal data.
You can exercise your rights by contacting (specify the method: by e-mail by post... and insert the name and contact details of the relevant department or person), subject to providing valid proof of identity.
If you have any difficulty in managing your personal data, you can contact CNIL (The National Commission for Information Technology and Civil Liberties) (more information at www.cnil.fr).
ARTICLE 10 – Intellectual property
The content of the www.sainthonore.com website is the property of the Vendor and its partners and is protected by French and international intellectual property laws.
Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.
In addition, the Vendor retains all intellectual property rights on photographs, presentations, studies, drawings, models, prototypes, etc., produced (even at the Customer's request) with a view to supplying the Services to the Customer.
The Customer therefore refrains from reproducing or using said studies, drawings, models, and prototypes, etc., without the Vendor's express prior written authorization, which may be subject to a financial consideration.
ARTICLE 11 – Applicable law - Language
These General Terms and Conditions of Sale and the operations arising from them are governed by and subject to French law.
These General Terms and Conditions of Sale were originally written in French. In the event of a dispute, the original French text will be deemed authentic.
ARTICLE 12 – Disputes
All disputes arising from the purchase and sale transactions concluded in application of these general terms and conditions of sale, concerning their validity, interpretation, execution, termination, consequences, and subsequent actions, and which cannot be resolved between the Vendor and the Customer, shall be submitted to the competent courts under the conditions of common law.
In accordance with Article L. 612-1 of the French Consumer Code, you may have free recourse to the MEDICYS mediation service to which we belong: by e-mail: conso.medicys.fr, or by post: MEDICYS – 73, Boulevard de Clichy 75009 Paris
The Mediation Service may be contacted subject to a prior written request from the consumer to SAINT HONORÉ PARIS which has failed to resolve a consumer dispute between the Parties.
The Customer may also submit any complaints to the dispute resolution platform set up by the European Commission at the following address: "http://ec.europa.eu/consumers/odr/". The European Commission will transfer the Member's complaint to the notified competent national mediators.
In accordance with the rules applicable to mediation, the Customer must, prior to any request for mediation, have submitted any dispute to SAINT HONORÉ PARIS in writing in order to obtain an amicable solution.
APPENDIX I
Warranty provisions