The following General Terms and Conditions are to be applied to all orders made by consumers via our Website.
These are the general terms and conditions in effect as from the 1st June 2019.
We look forward to receiving your order.
Article 1 – General Terms and Conditions for online sales – acceptance of terms and conditions
These general terms and conditions of sale (‘the General Terms and Conditions’), which set out the rights and obligations of the parties to the distance sales contract, shall automatically apply to contractual relations between COMPAGNIE DES MONTRES SERICA, a ‘société par actions simplifiée’ (simplified joint stock company) with a share capital of 10,000 euros, with its registered office located at 48 rue Lepic – 75018 PARIS, registered in the PARIS ‘registre du commerce et des sociétés’ (trade and companies register) under the reference n° 887 674 232 (hereinafter ‘ COMPAGNIE DES MONTRES SERICA ’) and any Client placing an order for Products (hereinafter designated as ‘the Client’) via the Website www.serica-watches.com (hereinafter designated as ‘the Site’). Validation of an order via the Site indicates full and unreserved acceptance of the General Terms and Conditions by the Client. Thus by placing an order, the Client undertakes to comply with said General Terms and Conditions and declares that the Products ordered are not intended for use in his or her professional activities.
No special terms and conditions other than those of the COMPAGNIE DES MONTRES SERICA company may take precedence over these General Terms and Conditions. Thus no clause to the contrary shall be binding, no matter when the COMPAGNIE DES MONTRES SERICA company learns of it.
COMPAGNIE DES MONTRES SERICA also reserves the right to amend these General Terms and Conditions at any time, although the amendments concerned shall only apply to orders validated after said General Terms and Conditions are updated.
Article 2 – The ordering process
Before placing an order, Clients must select the Product they want, and accept its characteristics (and in particular its name, price, quantity, colour and special features), said details having been sent to them or being displayed on the Site.
Each Client must then provide certain valid identity data, which are required to identify him or her, namely :
- Surname, forename, billing address, delivery address if different from billing address, email address, telephone number.
Should the Client wish, he or she may create an account on the site to save his or her identification data for any future purchases.
Having ticked the box indicating that he or she has read and accepted the General Terms and Conditions, the Client then validates the order and proceeds to pay the price and delivery charge, selecting the method of payment, namely PayPal or Credit Card.
A summary of the order may be accessed by the Client via his or her Client account if he or she has opened one, or via the email sent to the Client after validation of the order. This confirmation email shall also contain a copy of the current General Terms and Conditions which the Client is responsible for keeping.
Should a Client fail to comply with the General Terms and Conditions in particular as regards paying for an order, COMPAGNIE DES MONTRES SERICA reserves the right to suspend its service or, if applicable, to suspend or terminate the Client’s account. Before any measures of this kind are implemented, Clients shall be notified by COMPAGNIE DES MONTRES SERICA as promptly as possible, and given the opportunity to rectify the situation and to refute the allegations made against them. Thus COMPAGNIE DES MONTRES SERICA reserves the right to reject any orders from Clients with whom it has unsettled disputes.
In accordance with the provisions of Article 11 of the General Terms and Conditions, Clients shall in all cases have the right to challenge, access and rectify any data concerning them held by COMPAGNIE DES MONTRES SERICA.
Article 3 – Prices
The prices payable for the Products sold on the SERICA WATCHES Website are expressed in various currencies, inclusive or exclusive all taxes, and may vary over the course of each year. It should however be noted that the amounts payable for the Products shall be the current prices when the Client validates the order.
Details of delivery charges are provided separately, when the order is validated but before payment takes place, and said charges shall depend on the delivery option selected, and on the nature and weight of the Product being ordered. Thus they are payable separately from the price of the Product(s) ordered, except in cases where it is explicitly stipulated otherwise.
In addition, with regard to Products being delivered outside the European Union or the DOM-TOM overseas regions or territories, COMPAGNIE DES MONTRES SERICA wishes to draw the Client’s attention to the fact that customs duties, or other local taxes, import duties or state-level taxes may be payable, if the Client is deemed to be the importer of the Products. These duties and taxes are not the responsibility of the COMPAGNIE DES MONTRES SERICA company.
They must be paid by the Client, who shall bear full liability for them, in terms of both declarations and payment to the appropriate authorities and / or organizations in the country of importation. COMPAGNIE DES MONTRES SERICA advises Clients to obtain further information regarding these aspects from the authorities in the country of importation.
Article 4 – Payment procedure
Payment must be made in cash and before delivery for the Products being ordered, by means of a transfer via PayPal or credit card, when the order is placed, using our secure payment system. The Product(s) ordered shall be delivered after confirmation of acceptance by the relevant bank payment centres. If authorization is denied, the Client shall receive an e-mail notifying him or her of the cancellation of the order, and giving the reason for this denial.
The Client guarantees that he or she is fully entitled to use the credit card or PayPal account concerned in order to pay for the order.
For any orders worth in excess of 1,000 euros, COMPAGNIE DES MONTRES SERICA reserves the right to cross-check the information in its possession, and to ask for a photocopy of the purchaser’s identity card and for proof of address. Through these measures any fraudulent use that may be made of your credit card or PayPal account may be effectively countered.
Acceptance of the Client’s order by COMPAGNIE DES MONTRES SERICA shall be expressed in material form by sending the Client a confirmation email.
Article 5 – Delivery – Availability
5.1 Availability of the Products
Product offerings shall remain valid for as long as they are visible on the Site and while stocks last.
If one of the Products turns out to be unavailable after the order has been validated by the Client, the Client shall be informed of this by e-mail, with an indication of the anticipated replenishment times for said product, to enable the Client either to cancel the order or to place another. In either event, the Client’s account shall be re-credited within 10 days with the amount paid for the Product that was ordered but not delivered. The rest of the order shall be delivered as normal, the Client hereby agreeing that a partial order is to be fulfilled.
5.2 Place of delivery
Orders placed via our Site may be shipped to any location worldwide.
All orders are delivered to the delivery address stipulated when the order is placed or failing that indicated in the Client ‘contact details’ document contained in his or her account. If the information provided by the Client for this purpose is inaccurate or inadequate, leading to a return of the Product by the carrier, the Product shall be re-dispatched at the Client’s expense.
5.3 Delivery times
The delivery time indicated in the order summary corresponds to the dispatch time indicated on the Product’s datasheet, plus the processing and handling times.
If for the carrier to make a delivery an appointment must be made with the Client, the carrier shall contact the Client as promptly as possible to arrange an appointment for the delivery, no more than 30 days after the date on which you validate the order. COMPAGNIE DES MONTRES SERICA may not be held liable for any late delivery resulting exclusively from the Client’s unavailability after the carrier proposes several different appointments.
If the Client simultaneously orders several Products with differing delivery times, the delivery time for the order shall be based upon the latest of these times. COMPAGNIE DES MONTRES SERICA does however reserve the right to split shipments. The charge made to cover processing and shipping costs shall however correspond to a single dispatch.
In the event of a delay in shipping, the Client shall be sent an email announcing any impact this may have on the previously-indicated delivery time.
In all cases, in accordance with the relevant legal provisions, in the event of a late delivery, the Client shall be given the opportunity to rescind the contract under the terms and conditions – and by the procedure – set out in article L 216-2 of the consumer code.
It is also suggested that the Client regularly consult the order tracking feature and contact the customer service department with any inquiries or in the event of problems.
Article 6 – Retention of ownership
COMPAGNIE DES MONTRES SERICA expressly retains ownership of the Products being delivered, until full payment of the principal amount of their price, plus any interest that may be payable. Any failure to pay may lead to COMPAGNIE DES MONTRES SERICA claiming back the Products. The above stipulations shall not prevent transfer to the Client, as soon as the Products are accepted, of the risks relating to loss or deterioration of the Products being, or to any damage that may be caused by them.
Article 7 – Right of withdrawal – Returns
7.1. Exercising the right of withdrawal
Clients shall have the right to withdraw at any point during a fourteen-day period without providing an explanation. This withdrawal period shall expire fourteen days after the date on which the Client, or any third party designated by the Client other than the carrier, physically takes possession of the Product(s).
In order to exercise this right of withdrawal, Clients must formally announce their decision to withdraw the order by means of an unambiguous declaration (for example by a letter sent by post, a fax or an email) sent to the following address : COMPAGNIE DES MONTRES SERICA, 48 rue Lepic – 75018 PARIS. or [email protected]
Clients may also use a model withdrawal form, although this is not mandatory, completing and then sending said form to [email protected] Should a Client opt for this procedure, the COMPAGNIE DES MONTRES SERICA company shall immediately send a withdrawal receipt slip in a durable format (by email).
In order to meet the deadline set for withdrawal, the Client must send his or her announcement relating to exercise of the right of withdrawal by said deadline.
Should a Client decide to exercise his or her right of withdrawal, the Product must be returned in its original packaging, in its original condition, together with the delivery note and / or the corresponding invoice, within 14 calendar days of the date on which the request to return was sent to the COMPAGNIE DES MONTRES SERICA company. This deadline shall be deemed to have been met if the Client returns the item before the end of the fourteen-day period. Products being returned shall be transported at the Client’s expense and risk. Any Products that do not arrive with their original packaging or that are returned in a condition that precludes their future sale may be rejected by our returns department and may be sent back to the Client : in such an event, no refund shall be paid.
In view of the considerable value of certain Products, it is recommended that the Client obtain insurance for the Products being returned to the COMPAGNIE DES MONTRES SERICA company, given that the Client shall be responsible for the safekeeping and custody until such time as they are received by COMPAGNIE DES MONTRES SERICA.
7.2. Payment of refunds by COMPAGNIE DES MONTRES SERICA
Any Product returned by a means that does not comply with the instructions contained in the above paragraphs may be rejected by COMPAGNIE DES MONTRES SERICA : it may therefore not give rise to a refund, and indeed may lead to the COMPAGNIE DES MONTRES SERICA company making a claim for compensation if it is noted that the Product has been damaged or deteriorated.
The COMPAGNIE DES MONTRES SERICAS company shall defer payment until it receives the Products or until the Client provides proof of dispatch of the items, the relevant date being that of the first of these events.
Should a Client opt for withdrawal, and this withdrawal is accepted by COMPAGNIE DES MONTRES SERICA, COMPAGNIE DES MONTRES SERICA shall refund all the payments received, including delivery charge (excluding any additional charges arising from the Client’s choice of a means of delivery other than the standard least expensive means offered) without undue delay, and in any case no more than fourteen days after the date on which the COMPAGNIE DES MONTRES SERICAS company was informed of its decision to withdraw. The COMPAGNIE DES MONTRES SERICA company shall make the refund using the same method of payment as the one used by the Client for the original transaction ; whatever the circumstances, this refund shall not cause the Client to incur any costs.
7.3 – Products not covered by the right of withdrawal
In accordance with the regulations in force, the right of withdrawal may not be exercised for tailor-made Products on the basis of the Client’s specifications or personalized, or to items unsealed by the client that cannot then be sent back for reasons of hygiene or of health and safety.
Article 8 – Legal guarantees
Under the terms of the legal guarantee of conformity, the Client :
- Shall have a period of two years, as from delivery of the item, in which to take action against the COMPAGNIE DES MONTRES SERICA company ;
- May opt for either repair or replacement of the item, subject to the relevant cost-related conditions set out in article L. 217-9 of the consumer code ;
- Shall not be required to provide evidence of the existence of non-conformity of the item :
- If the product is new : during the 24 months following receipt of the Product ;
- If the product is pre-owned : during the 6 months following receipt of the Product.
The legal guarantee of conformity shall apply independently of any commercial warranty that may cover the Product.
It should be noted that a consumer may decide to invoke the provisions of the guarantee against latent defects in the item being sold under the terms of article 1641 of the civil code and that he or she may in such an event opt to rescind the sale or to obtain a discount in accordance with the provisions of article 1644 of the civil code.
The provisions of this article 8 shall not prevent the Client from exercising his or her right of withdrawal as provided for under the terms of Article 7.
The Client may not however allege non-conformity on the grounds of a defect of which he or she was aware or could not have been unaware when entering into the contract (article L.217-8 of the consumer code) : the Client is therefore invited to scrutinise the Product data sheets to obtain a description of the full range of Products and in particular pre-owned Products : detailed are provided of any scratches, impact marks and imperfections. In the case moreover of pre-owned items, which may be very old, the Client declares that he or she has been informed that frequent renovation or overhauls may be required.
In any case, in the absence of a formally-noted breakdown or the abnormal use of the Product (and in particular, as a non-exhaustive list : broken product, oxidation, or use that is non-compliant with manufacturer’s recommendations or with the Product’s primary purpose), COMPAGNIE DES MONTRES SERICA shall neither repair nor exchange the Product ; COMPAGNIE DES MONTRES SERICA may moreover charge the Client for labour costs incurred.
In accordance with the relevant legal provisions regarding conformity and latent defects, the COMPAGNIE DES MONTRES SERICA company shall issues refunds for, or shall exchange, Products that are defective or that do not match their description. Should the Client opt for a refund, he or she must contact the Site beforehand via the email address : [email protected] providing details of the request and the reasons for it.
Should COMPAGNIE DES MONTRES SERICA accept the return, the Products must be returned in the condition in which the Client received them, in their original packaging and condition, together with the delivery note and / or the corresponding invoice. The shipping costs shall be refunded to the Client on the basis of the rate charged, and the return costs shall be refunded upon presentation of supporting documentation. In view of the considerable value of certain Products, it is recommended that the Client obtain insurance for the Products being returned to the COMPAGNIE DES MONTRES SERICA company, given that the Client shall be responsible for the safekeeping and custody until such time as they are received by COMPAGNIE DES MONTRES SERICA.
In addition, with regard to new articles and in accordance with the provisions of the Hamon law passed on the 17th March 2014, COMPAGNIE DES MONTRES SERICA informs the consumer of the availability of spare parts for a period of 1 year.
Article 9 – Liability
It is expressly stipulated that the COMPAGNIE DES MONTRES SERICA company’s Site is intended for consumers, and that the Products being sold are not intended for professional use. As a consequence, COMPAGNIE DES MONTRES SERICA may not be held liable for any consequential or immaterial damage arising from use or operation of the Products ordered. Furthermore, although the Products comply with the relevant provisions of French law, the COMPAGNIE DES MONTRES SERICA company may not be held liable in the event of non-compliance with the provisions of legislation in the countries to which the Products are delivered : the Client shall be responsible for obtaining the appropriate information from the authorities in the country of importation, in order to establish whether the Product is authorized there.
COMPAGNIE DES MONTRES SERICA may not moreover be held liable for a failure to execute the contract entered into, resulting from an occurrence of force majeure, as defined in article 1218 of the civil code, from a fault on the part of the Client, from an unforeseeable and insurmountable action on the part of a third party to the contract, or from the consequences of inappropriate use of the Products being sold via the Site.
Article 10 – Intellectual property
None of the elements of the Site, such as editorial content, graphics, photographs, logos or trademarks, may be copied, reproduced, modified, downloaded, published, republished, forwarded or distributed in any form or by any means whatsoever without prior written permission to do so from COMPAGNIE DES MONTRES SERICA. Any unauthorized use of elements appearing on this Site may constitute an infringement of the regulations or legislation on copyright or trademarks, or of any other applicable legislation, and may give rise to imposition of the penalties laid down by the relevant laws.
Article 11 – Personal data
The data base of data provided has been declared to the Commission Nationales Informatique et Libertés (National Commission for Information Technology and Civil Liberties). In accordance with the provisions of law n° 78-17 passed on the 6th January 1978, the Client has the right to object to, access and rectify any data concerning him or her and brought to the attention of the COMPAGNIE DES MONTRES SERICA company during execution of the contract. The Client may exercise these rights by sending COMPAGNIE DES MONTRES SERICA an email at : [email protected]
In accordance with the provisions of current regulations, the Client’s request must be signed and accompanied by a photocopy of an identity document bearing his or her signature and must indicate the address to which replies are to be sent. A reply shall then be sent within 2 months of receipt of the request.
In addition, if the Client indicates this preference when registering, COMPAGNIE DES MONTRES SERICA may :
- send its own promotional offers and newsletters, although no other use by third parties is authorized,
- authorize transmission of said personal data to our business partners
Otherwise COMPAGNIE DES MONTRES SERICA shall only use this information within the very restricted context of processing the Client’s orders and that of compiling statistics intended to improve its Site and the services it offers.
Article 12 – Evidence
Unless the Client provides evidence to the contrary, the COMPAGNIE DES MONTRES SERICA automatic recording systems shall be deemed to present evidence of the nature, the contents and the date of a sales contract.
Article 13 – Applicable law – Disputes – Processing of claims – Mediation
This contract is governed by French law. The language of this contract is French. In the event of a judicial dispute, the French courts shall have exclusive jurisdiction, subject to any applicable mandatory legal provisions.
Any claims should in the first place be referred to the customer service department at: [email protected] Under the terms of the rules applicable to mediation procedures, any consumer disputes must first be addressed in writing to the COMPAGNIE DES MONTRES SERICA Consumer Service department before any mediation is sought.
Then, if the disagreement has not been resolved and in accordance with the provisions of order n° 2015-1033 dated 20th August 2015 and relating to the extrajudicial settlement of consumer disputes, each consumer is entitled to obtain, free of charge, the services of a consumer mediator in order to achieve the amicable settlement of his or her dispute with a professional. The Consumer has one year in which to refer his or her dispute to a mediator, counted from the date of his or her written complaint to the professional.
The European Commission has also created a dispute resolution platform, intended to receive any complaints from consumers following online purchases, and then forward them to the appropriate national mediators.
The platform may be accessed via : http://ec.europa.eu/consumers/odr/
Publishing Director : Mr. Jérôme BURGERT
Publisher : COMPAGNIE DES MONTRES SERICA, a ‘société par actions simplifiée’ (simplified joint stock company) with share capital of 10,000 euros, with its registered office located at 48 rue Lepic – 75018 PARIS, entered in the PARIS ‘registre du commerce et des sociétés’ (trade and companies register) under the reference n° 887 674 232
Contact email address : [email protected]