GENERAL TERMS AND CONDITIONS OF SALE FOR THE BELL & ROSS CUSTOMER RELATIONS SERVICE AND EUROPEAN ONLINE BOUTIQUES


PRELIMINARY ARTICLE

ARTICLE 1: SCOPE OF APPLICATION

ARTICLE 2: DETAILS OF THE OFFEROR

ARTICLE 3: INFORMATION RELATING TO THE ARTICLES AND LIMITATION OF LIABILITY

ARTICLE 4: CONDITIONS FOR ORDERING THE ARTICLES

ARTICLE 5: ORDERING BY INTERNET ON THE WEBSITE

ARTICLE 6: PROOF OF THE ORDER

ARTICLE 7: PRICE OF THE ARTICLES, TAXES AND DELIVERY COSTS

ARTICLE 8: PAYMENT CONDITIONS

ARTICLE 9: DELIVERY

ARTICLE 10: INVOICES

ARTICLE 11: RIGHT OF CANCELLATION AND RETURN OF ARTICLES 

ARTICLE 12: PROCEDURE FOR RETURNING ARTICLES

ARTICLE 13: COMPLIANCE

ARTICLE 14: MANUFACTURER WARRANTY

ARTICLE 15: RETENTION OF TITLE

ARTICLE 16: CONFIDENTIALITY

ARTICLE 17: FORCE MAJEURE

ARTICLE 18: INTELLECTUAL PROPERTY RIGHTS

ARTICLE 19: NO WAIVER CLAUSE

ARTICLE 20: DISPUTES – APPLICABLE LAW



PRELIMINARY ARTICLE


Bell & Ross, a limited liability company (Société À Responsabilité Limitée; SARL), with capital of 3,205,000 Euros, whose registered address is 8 rue Copernic 75116, Paris, France - Tel +33 (0) 1 73 73 93 00, recorded in the Paris Trade Register (RCS) under the number 398 147 751 (hereinafter, the Company) creates, designs and sells watch articles and luxury accessories for men and women throughout the world under the Bell & Ross brand (hereinafter, the Articles).     To better meet the expectations of its customers, the Company has, in parallel with its distribution network, set up a distance selling system through the internet or by telephone for a selection of Bell & Ross articles on the site identified by the domain name http://www.bellross.com (hereinafter, the Website).  Orders placed by telephone or on the Website are restricted to end customers, purchasing Articles for personal use only; any resale is expressly prohibited. The Articles purchased on the Website cannot under any circumstances be resold as new in any first-party distribution networks.
These General Terms and Conditions of Sale apply exclusively to sales made through the website or via the customer relations service by telephone (order placed in the customer's name by a Bell & Ross sales adviser).


ARTICLE 1: SCOPE OF APPLICATION


These general terms and conditions of sale are applicable to all sales of Articles concluded remotely through the website or by telephone via the Company's Customer Relations service intended for delivery to Austria, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, Malta, Monaco, Netherlands, Portugal, Slovenia, Spain, Sweden, United Kingdom. These general terms and conditions of sale therefore apply: - to orders placed by customers, natural persons of full legal age, acting as consumers (in the sense of the law and that recognised by the courts) and who are normally resident in one of the above-mentioned countries; - in view of delivery to these same customers, natural persons, on their own behalf or on behalf of any third parties of their choosing who are also normally resident in one of the following countries: Austria, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, Malta, Monaco, Netherlands, Portugal, Slovenia, Spain, Sweden, United Kingdom acting as consumers (in the sense of the law and that recognised by the courts).  The delivery address may differ from the invoicing address, but the two addresses must be located within the same country. The customer's validation of the order is deemed to represent the unrestricted acceptance of these general terms and conditions of sale. These are liable to be modified and updated; the conditions applicable to the order of an Article by a customer are those in force on the day the order is placed. Orders placed outside of this scope of application will be null and void and will not be processed by the Company. Please refer to the "Payment and Shipping" section for further details.


ARTICLE 2: DETAILS OF THE OFFEROR


Bell & Ross, SARL under French law, with capital of €3,205,000, recorded in the Paris Trade Register under the number B 398 147 751, whose registered address is:    8, rue Copernic 75116 Paris – France    Telephone: +33 (0)1 73 73 93 00    Fax: +33 (0)1 73 73 93 01    E-mail address: e-boutique@bellross.com    VAT FR 09 398 147 751.


ARTICLE 3: INFORMATION RELATING TO THE ARTICLES AND LIMITATION OF LIABILITY


 The information (name, definition, reproduction of the Articles, detailed description: properties, characteristics and composition, etc.) relating to all of the Articles offered for sale are available (in accordance with the legal provisions and applicable regulations) on the Website or provided by the Customer Relations service.  Despite the utmost care being taken to ensure the accuracy of the information and descriptions of the Articles made available online and to the data available on the Website or provided by the Customer Relations Service, and to keep them regularly updated, the Company cannot be held liable for any non-substantive errors which may occur.  Similarly, while photographs and other reproductions of the Articles faithfully represent them on the Website – within the limits of technology, and in respect of the best Internet standards –, these are only an indication and are not legally binding. In any case, should the Article delivered not comply with its description, the Company's liability will be incurred under the conditions set out in article 13 below.


ARTICLE 4: CONDITIONS FOR ORDERING THE ARTICLES


4.1 ORDERING BY TELEPHONE
The orders are received in French or English by the Company's Customer Relations service on 00 33 (0) 1 73 73 93 00, charged as a local call (within mainland France) on Monday to Friday from 10:30 to 12:30 and 14:30 to 17:00, excluding public holidays.   Payment for orders exceeding a total of 400 Euros (or £400) cannot be settled by telephone; these must be subject either to online payment using the secure payment platform on the Website, or to a bank transfer (Contact the Customer Relations Service if further information is required).
 When the order is received, the online boutique will carry out the checks required prior to processing the order (checking the order is compliant, customer details, etc.). The online boutique may have to request supporting documentation from the customer, depending on the total amount of the order.  


4.2 ORDERING ONLINE


To place an order on the Website, the customer must be of legal age, and be normally resident in one of the following countries: Austria, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, Malta, Monaco, Netherlands, Portugal, Slovenia, Spain, Sweden, United Kingdom, have legal capacity and be the holder of a bank card as defined in article 8 below.
 To be able to place an order, the customer must create an account on the Website by completing the form which includes a number of fields which are mandatory for the processing of his or her order. 
 The customer must, in particular, enter his or her e-mail address and choose a password which will form the login details for his or her personal account.
 The customer is notified, and accepts, that entering this information is proof of his or her identity and intent. 
 A confirmation e-mail for creation of the account will be sent to the customer at the e-mail address he or she has provided. In all circumstances, the customer is responsible for ensuring his or her login details are kept secure and confidential. The Company cannot be held liable for the fraudulent use of the customer's account following access by a third party using his or her login details, or for any use this third party may make thereof.   The Company reserves the right to modify the information required to place an order or create an account online. In this case, the Customer will be informed of any changes via the website or by e-mail.  If the customer is required to modify his or her personal information, the customer will have to log in to his or her account and modify the information required, then save the modifications to ensure that they are taken into account.  Should the Company suspect that the account is being used fraudulently by a third party, the Company reserves the right to delete the account in question and any orders which may relate to it; the Company shall inform the Customer of the situation by e-mail or telephone at the earliest opportunity.  Orders will be received in French, English, German, Italian or Spanish, and will be accepted subject to availability.   If, despite the vigilance of the Company, the Articles ordered are no longer available, the Company shall inform the customer by any means (telephone call or e-mail) at the earliest opportunity and will refund any amount invoiced to the customer by crediting the customer's bank account.   The Company cannot under any circumstances be held liable for any disruption to stock or the lack or availability of Articles.   The customer guarantees that all of the information provided to the Company on the Website or by telephone, as part of an order, complies with these general terms and conditions of sale, and is complete, accurate and up-to-date. If not, the Company reserves the right to cancel the order and the payment, without any further notice.  In accordance with the provisions of article L.122-1 of the Consumer Code, the Company will be within its rights, in its role as a retailer, to refuse any abnormal order, in particular one which exceeds five (5) Articles; orders may contain a maximum of two (2) watches.  The Company will also be within its rights to refuse any order:     - placed by a customer with whom there has been a dispute relating to payment for a previous order; or  - which does not comply with the general terms and conditions of sale.  - which is inherently flawed due to a computer bug, or any other activity beyond its control, which has erroneously altered any information relating to the products (description, price, designation, etc.).      If the Company notes that the order does not meet these general terms and conditions of sale (for example: incorrect delivery address, order threshold exceeded), it will inform the customer by telephone or e-mail within a maximum of six (6) days.     Should the customer fail to contact the Company to correct the erroneous elements or elements which conflict with these general terms and conditions of sale, shown on his or her order, the Company reserves the right to cancel the order and the payment, without any further notice.


ARTICLE 5: ORDERING BY INTERNET ON THE WEBSITE


 The placing of orders via the Website is subject to strict compliance with the procedures set out below, which are confirmed by a sequence of different screens which show the successive phases that the customer must comply with to confirm his or her order.
 When the order is received, the online boutique will carry out the checks required prior to processing the order (checking the order is compliant, customer details, etc.). The online boutique may have to request supporting documentation from the customer, depending on the total amount of the order.  
 The online boutique reserves the right to refuse to provide the requested product if the customer does not meet the conditions required for fulfilment. 

5.1 STAGE ONE: SELECTION OF ARTICLES BY THE CUSTOMER


On the Website, the customer selects, enters and confirms the identification and quantity of Articles that he or she wishes to order (the availability of which must be confirmed by the Company); the aforementioned Articles are added to his or her "Basket". 


5.2 STAGE TWO: VERIFICATION OF THE ARTICLES SELECTED


Before definitively validating the order and confirming acceptance of this order, the customer has the option to check the detail of his or her order and its total price and to freely edit the order, specifically by deleting one or more of the Articles originally selected, by adding one or more Articles or by altering the quantities ordered and placed in the "Basket".    The price of the articles, as defined in article 7 below, is automatically displayed in the "Basket".


5.3 STAGE THREE: IDENTIFICATION, CONFIRMATION OF ARTICLES SELECTED AND SAVING OF THE ORDER


Once the customer has completed his or her selection and wishes to confirm the contents of his or her "Basket", he or she must log in: - if he or she has a customer account with the Company, using his or her e-mail address (login) and password; - if he or she does not have a customer account with the Company, he or she must create one by completing the registration form in the member's area of the Site.   The customer must also confirm:       i) The invoicing address for the order, which must correspond to his or her main residence in one of the following countries: Austria, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, Malta, Monaco, Netherlands, Portugal, Slovenia, Spain, Sweden, United Kingdom   ii) the delivery address for the order. It is stated that the delivery address may correspond, if applicable, to the normal place of residence of the customer in one of the following countries: Austria, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, Malta, Monaco, Netherlands, Portugal, Slovenia, Spain, Sweden, United Kingdom, or of a third-party beneficiary selected by the customer or, failing that, to the address of the company within which the third-party beneficiary undertakes his or her professional activities, if such place is located in one of the following countries: Austria, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, Malta, Monaco, Netherlands, Portugal, Slovenia, Spain, Sweden, United Kingdom, provided that this third party is acting as a consumer, and that the invoicing and delivery addresses are located within the same country. The delivery may also be made, at the customer's discretion, to the point of sale of one of the Company's Approved Retailers, to be selected from the list shown on the Website.   ii) the method of payment selected is payment by bank card (Visa, Mastercard or American Express). The customer must indicate the type of bank card that he or she wishes to use for payment and enter the card number, expiry date and the visual security code shown on the back, according to the conditions of article 8 below. The customer must then click the "CONFIRM" button to debit his or her bank account. The authorisation to debit his or her bank account sent by the customer's bank will be displayed. It is recommended that the customer either saves and/or prints out this debit authorisation.  Once the bank has issued authorisation to debit the customer's bank account, his or her "Basket" is sent directly to the Company's order preparation department.


 5.4 STAGE FOUR: CONFIRMATION OF THE ORDER AND VALIDATION BY THE COMPANY


Within a maximum period of six (6) days following validation of payment, the Company will acknowledge receipt of the order in the form of an e-mail sent to the e-mail address provided by the customer. The sale will not be deemed to be definitive until the order confirmation has been sent by the Company.   In accordance with the provisions of article 1369-2 of the Civil Code, the customer formally accepts the use of e-mail for the confirmation by the Company of the content of his or her order.  This confirmation e-mail summarises all of the information provided by the customer with an indication, where applicable, of any difficulties or reservations in connection with the order (availability of the ordered articles, delivery lead times or selected mode of payment). It states the order number allocated to the customer by the Company.  As an exception to the maximum lead time of six (6) day mentioned above, the e-mail acknowledging receipt of orders accompanied by payments made using an international bank card (references listed in article 8. Payment conditions) sent by a bank domiciled outside of France will only be sent by the Company once its bank account has been credited with the amounts owed by the customer.


ARTICLE 6: PROOF OF THE ORDER


As a general rule, it is expressly agreed between the Company and the customer that e-mails are legally binding between the parties, as are the automatic recording systems used by the Customer Relations Service or on the Website, notably as concerns the nature and date of the order.  Furthermore, the Company retains the elements relating to all orders for an amount of 120 Euros or greater for a period of 10 years, and will make these available to the customer once the latter sends a request via the following channels: e-boutique@bellross.com or:    Bell & Ross– e-boutique Customer Relations Service – 8, rue Copernic, 75116 Paris – France - Tel +33 (0) 1 73 73 93 00.  It is, however, recommended that the customer also retains a copy (in electronic format and/or a hard copy) of the elements relating to his or her order (for example, the e-mail sent by the Company in accordance with article 5.4 above).


ARTICLE 7: PRICE OF THE ARTICLES, TAXES AND DELIVERY COSTS


 The prices of the articles displayed on the Website are given in Euros or in Pounds Sterling for the United Kingdom and are inclusive of VAT; they do not include delivery costs and other taxes, unless otherwise indicated. The shipping costs are not displayed on the product pages, but will be added to the total price of the articles ordered when the order is finalised. The prices invoiced are those applicable on the date of the order validation. The applicable currency is that given on the site, and defined by geolocation. It will be the Euro for all European countries catered for by the Bell & Ross online boutique, and pounds sterling (GBP) for the United Kingdom.  For any purchase of 950 Euros (or £950) or more, the transport costs pertaining to the delivery of the Articles ordered on the Website are covered by the Company and will not be invoiced to the customer.  For any purchase below the amount of 950 Euros (or £950), the transport costs pertaining to the delivery of the Articles ordered on the Website will be 9 Euros (or £9) and will be invoiced to the customer.  The Company reserves the right to alter the prices of the articles and the delivery costs without warning.
ARTICLE 8: PAYMENT CONDITIONS
Purchases made by the customer may only be settled by bank card. The bank cards accepted are cards belonging to the "CB" network: Visa, Eurocard, Mastercard, American Express.  In this respect, the customer undertakes to make the payment using a bank card which is registered in his or her name and which bears his or her surname and first name.  When making an online payment on the Website, the customer will access a secure server using the SSL (128-bit) protocol and certified by VeriSign.  Whether by telephone or via the Website, by communicating his or her bank card number, expiry date and the visual security code on the back, the customer unconditionally accepts in advance that the Company can perform the secure transaction. For online orders, a unique 3D Secure (Visa and Mastercard) or SafeKey (American Express) type security code may be requested from the customer to authenticate the transaction and combat fraud. The customer therefore authorises its bank in advance to debit his or her account based on the records or statements submitted by the Company, even in the absence of invoices hand-signed by the card holder.  The authorisation to debit the customer's account is always given for the amount of the Article(s) purchased accompanied by shipping costs if these are invoiced by the Company.  The customer's bank card will be debited within a maximum of eight (8) working days of validation of the payment by the customer on the Website (more specifically, after the customer has clicked the "CONFIRM" button on the page of the Website relating to the bank details) and after verification that his or her order complies with these general terms and conditions of sale and that the Article(s) are available. The order will not be processed by the Company if it proves impossible to debit the amount owed by the customer for any reason whatsoever (payment stopped, declined by the card provider, etc.).  If the card provider declines authorisation to debit the card, it is the end customer's responsibility to get in contact with the latter to resolve the situation, and to get back to the Company if necessary. Under no circumstances may the Company be held liable for any delays or failure to deliver.
ARTICLE 9: DELIVERY
The products purchased on the Website or by telephone may only be delivered to one of the following countries: Austria, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, Malta, Monaco, Netherlands, Portugal, Slovenia, Spain, Sweden, United Kingdom.  The Company is responsible for payment of the delivery costs for purchases of 950 Euros or 950 pounds sterling or above.   The Customer is responsible for payment of the delivery costs for purchases of less than 950 Euros or £950. This fee is 9 Euros or 9 pounds sterling, inclusive of VAT.  The Articles will be shipped to the delivery address given during the order process.   It is understood that delivery can only be made:    - either to the customer's normal place of residence, which must be in one of the following countries: Austria, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, Malta, Monaco, Netherlands, Portugal, Slovenia, Spain, Sweden, United Kingdom;    - or to the delivery address given by the customer when ordering; please be aware that this address must correspond     to the normal place of residence of a third-party beneficiary selected by the customer and normally resident in one of the following countries: Austria, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, Malta, Monaco, Netherlands, Portugal, Slovenia, Spain, Sweden, United Kingdom, or, failing that, to the address of the company within which he or she undertakes his or her professional activities, if such place is located in one of the following countries: Austria, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, Malta, Monaco, Netherlands, Portugal, Slovenia, Spain, Sweden, United Kingdom,    - in all cases, the invoicing and delivery addresses must be located within the same country; under no circumstances may delivery be made to hotels or to a post office box.   In this respect, the customer undertakes to have communicated, when validating his or her order, the precise address at which he or she wishes to receive the package, it being understood that this address must meet the criteria set out in this article 9. Delivery will require the signature of the customer, or of the third-party beneficiary (over the age of eighteen) designated by the customer. The customer or third-party beneficiary must ensure that they are present during the stated delivery window, it being understood that delivery will not be made via a letterbox. If not present, a missed delivery notice will be left for the customer, who will have to wait for a subsequent delivery to be made the next working day, or contact the shipping company directly to schedule delivery at a later date.  The Company also offers customers the option to have the delivery made to an Approved Bell & Ross Retailer, selected from the online list of Approved Retailers which can be found on the Website, where such exist.  Articles will be delivered once the amount for the order has been settled, specifically after the customer's bank account has been debited and the funds corresponding to the order total have been credited to the Company's account.   In accordance with the provisions of article L.121-20-3 of the Consumer Code, Articles ordered will be delivered:    - either 30 days at the latest following the date on which payment for the order on the Website was validated, provided that full payment of the price was made.    - or within the lead times that the customer has been notified of and accepted beforehand, by e-mail or by telephone, specifically if the Article in question is temporarily out of stock.    Once the package has been shipped, the customer will receive an e-mail to confirm dispatch containing a tracking link to enable the progress of the shipment to be monitored.  The Company will take all necessary steps within its control, excluding cases of force majeure, to ensure that the shipping company delivers within the lead times given when ordering.   If, when delivered, the external appearance of the package suggests it is damaged, the customer may refuse to accept delivery and state his or her reasons for doing so to the shipping company; the customer must inform the Company by e-mail sent to e-boutique@bellross.com. 
 Each package delivered by Bell & Ross contains: - the article(s) ordered - the corresponding accessories, where applicable - the warranty card, the technical specifications and the user manual for the watches - a compliments card, the delivery slip and the returns form
Orders are insured by the Company during transit, until the moment of delivery. The package must be signed for. It is at this point that liability is transferred from the Company to the Customer.


ARTICLE 10: INVOICES


When ordering, the customer has the option to request that an invoice is sent to his or her invoicing address. The invoice corresponding to the order will also be available for download from the customer's personal area on the Website, if such exists. In all cases, a delivery note listing the Articles ordered and the delivery and invoicing address of the recipient is shipped to the customer at the same time as his or her order.


ARTICLE 11: RIGHT OF CANCELLATION AND RETURN OF ARTICLES


 In accordance with the provisions of articles L.121-20 and following of the Consumer Code, the customer has a right of cancellation that he or she may exercise, without having to give a reason, within fourteen (14) days of receipt of the Articles. These provisions give him or her the right to return the delivered Articles within this period, in their original packaging, in perfect condition, complete (accessories, manual, warranty) and accompanied by a copy of the delivery slip and the Returns/Exchange form attached to his or her order (this can also be downloaded from www.bellross.com) to the address shown on this form.  The customer is responsible for retaining any proof of this return, by which it is meant that the Articles must be returned by registered mail, or by any other method guaranteeing a definite date; in any case, the customer is responsible for the cost of the return.   The cost of the return will only be refunded if there was a non-compliance when the Company shipped the articles.  The invoiced price of the returned Articles will be refunded, by crediting the customer's bank account using the bank details provided to the Company when the order was placed on the Website, within thirty days of the returned Articles being received by the Company, at the latest.       Any Articles returned incomplete, spoiled, damaged or soiled under the customer's responsibility will not be eligible for a full refund and may not, under any circumstances, be used for an exchange for an article of the same value. The costs of repairing or replacing the article will be deducted from the amount to be refunded to the customer.  The customer will be held liable for any damage to the Articles, if the damage to the returned Article is caused by any use beyond the inspection of its quality and the verification that Article is in good working order.
Customers requesting an exchange must specify this on the Returns/Exchange form provided when returning the Articles. The customer is responsible for specifying which Article he or she wishes to receive in exchange. If the exchange is for an article of the same value, the customer will not have to pay any additional costs. Conversely, for any exchange for an Article of a higher value, the customer will be contacted by the Company to settle the corresponding balance, either by bank card (in this case, he or she will be called by the Company), or by bank transfer (the customer will be e-mailed the bank details required to make the payment and the amount to be transferred).
If the exchange is for an article of a lower value than the one originally ordered, the customer will be refunded the corresponding amount using the payment information provided during his or her order.
RIGHT TO RETURN ARTICLES FOR THE RECIPIENTS OF GIFTS Recipients of gifts benefit from the right to return Articles under the conditions stipulated below: - Only the Customer may receive full or partial refund for an Article, or a refund of the difference in the event of an exchange for an Article of a lower value. - Recipients of gifts may request an exchange for an Article of the same value or for an Article of a higher value. In this case, the balance must be paid by the recipient of the gift, if he or she is the person requesting the exchange. - The Customer will be notified by e-mail in the event of an exchange


. ARTICLE 12: PROCEDURE FOR RETURNING ARTICLES 


Articles ordered on the site www.bellross.com must be returned to the following address: Bell & Ross – e-boutique 8 rue Copernic 75116 Paris France
Only Articles ordered from the Bell & Ross online boutique and those ordered by telephone via the Customer Relations service may be returned to this address. Under no circumstances may Articles purchased in the boutique or from an approved Bell & Ross retailer be returned to this address.
Here are the steps to be followed to return an Article:
1. Fill in the returns form which came with the order or which can be downloaded from the official Bell & Ross site. Enter all the information requested, including the order number and the reference numbers for the returned Articles. State whether a refund or an exchange is required for the returned Article. 2. Include the Article to be returned, accompanied by all the accessories and other documents provided. Place these elements into the original shipping packaging. 3. Seal the package and post it using the correct postage for its weight and the chosen method. We recommend using a delivery method which can be tracked. 4.   Retain the proof of shipping for the package. Under no circumstances may the Company be held liable in the event that the customer is not able to produce this proof of shipping. 5. Once the package has been received, the Articles returned by the customer will be inspected by the After-Sales Department. This will allow them to assess the condition of the article(s), determine the amount to be refunded to the customer, and whether it will be possible to offer an exchange for an Article of the same value. 6. The Company will only offer a refund or exchange for Articles that it has actually received.  CONDITIONS FOR RETURNING AN ARTICLE: - All returned Articles must be new (not worn or damaged) and in perfect condition. - No refund or exchange is offered for customised Articles. - Metal or ceramic bracelets adjusted at the customer's request must be returned complete, by which it is meant that all the links which form the bracelet must be returned, including those removed at the customer's request and given to the customer.  - Any box or packaging with the Bell & Ross logo must be returned by the customer at the same time as the Articles, along with the accessories and documents if such were included (manuals, warranty cards, etc.). - All protective devices and labelling must also be returned. - If these instructions are not followed, the Company reserves the right to retain the amount needed to replace these items, or to reject the return or exchange and return the Article(s) to the customer.


ARTICLE 13: COMPLIANCE 


The customer must ensure that the Articles which have been delivered to him or her match the order.   Should the Articles delivered not comply with the order, the customer must notify the Company at the earliest opportunity by sending an e-mail to e-boutique@bellross.com stating why the Article does not comply with the order and, after approval has been granted by the Company, return the Articles in question in their original packaging, in perfect condition, complete (accessories, manual, warranty, etc.) and accompanied by a copy of the invoice (or the delivery slip) and the Returns/Exchange form to the address given on this form.      The Article must be returned by recorded delivery, or by any other method guaranteeing a definite date and which can be tracked; if the article proves to be non-compliant as stated by the customer, the delivery costs will be covered by the Company.  They will be refunded to the customer upon presentation of supporting documentation.        If it is not possible to exchange the returned Article, the invoiced price of the returned non-compliant Articles will be refunded, by crediting the customer's bank account, at the latest within thirty days of receipt of the returned Articles by the Company.      The fees for returning and tracking the non-compliant Articles will be refunded by crediting the customer's bank account once the customer has sent supporting documents for the aforementioned fees.      Notwithstanding the specific warranty conditions which may have been given to the customer with the delivered Article, the Company's articles are subject to the following legal guarantees:       - Article L. 211-4 of the Consumer Code: "The seller is required to deliver a product which complies with the contract and is held liable for any non-compliance which exists upon delivery. The seller is also held liable for non-compliance caused by the packaging, assembly instructions or the installation, if this is contractually part of its liability or if it carried out under the seller's responsibility.".      - Article L. 211-5 of the Consumer Code: "To comply with the contract, the product must: Be fit for the purpose usually associated with such a product and, if applicable:    - correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model;    - have the features that a buyer might reasonably expect it to have, considering the public statements made by the seller, the producer or its representative, including advertising and labelling;    Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to."     - Article L. 211-12 of the Consumer Code: "The action resulting from non-compliance lapses two years after delivery of the product."    Article 1641 of the Civil Code: "The seller is bound to a warranty against hidden defects in the item sold that render it unfit for its intended use, or that impair its use to the extent that the buyer would not have bought it, or would only have given a lesser price for it if he had known of the defects".       Article 1648, line 1, of the Civil Code: "An action resulting from latent defects must be brought by the buyer within a short period of time, depending on the nature of the latent defect".


ARTICLE 14: MANUFACTURER WARRANTY


The Company is especially vigilant as concerns the quality of the Articles sold on the online boutique www.bellross.com, both technically and aesthetically. Bell & Ross watches purchased through the Bell & Ross online boutique or Customer Relations Service are covered by the International Warranty.  The Company requests that customers requiring repairs to a Bell & Ross watch purchased from the Bell & Ross online boutique or Customer Relations Service, and under warranty, contact the Bell & Ross After-Sales Service exclusively: sav@bellross.com.


ARTICLE 15: RETENTION OF TITLE


THE COMPANY RETAINS OWNERSHIP OF THE ARTICLES ORDERED AND DELIVERED UNTIL FULL PAYMENT OF THE PURCHASE PRICE AND ANY INTEREST HAS BEEN RECEIVED, BY WHICH IT IS MEANT THAT ALL FUNDS HAVE BEEN CLEARED BY THE COMPANY.  IF PAYMENT OF ALL OR SOME OF THE AMOUNT IS NOT RECEIVED, THE COMPANY MAY, WITHOUT ANY FORMAL PRIOR NOTICE, CLAIM BACK THE ARTICLE OR ARTICLES WHICH HAVE BEEN DELIVERED TO THE CUSTOMER BY THE COMPANY.  THE CUSTOMER ASSUMES ALL RISKS RELATING TO THE DELIVERED ARTICLES (specifically loss, theft or damage) FROM THE DATE DELIVERY TAKES PLACE. 


ARTICLE 16: CONFIDENTIALITY


When processing sales made via the Website, the Company is required to handle personal data relating to its customers. The data gathered is required to process the order and may be communicated to the Company's service providers helping to execute the order, specifically the company FIA-NET SA, which works to help combat fraud and which, for this purpose, will have access to the information relating to the customers' bank cards.    In accordance with the Data Protection Act of 6th January 1978, the customer has the right to access, alter, rectify, oppose and withdraw the personal data relating to him or her. To exercise these rights, the customer must send a message to: e-boutique@bellross.com or to   Bell & Ross – Customer Relations Service  8, rue Copernic   75116 Paris  France


ARTICLE 17: FORCE MAJEURE


 The Company's fulfilment of its obligations may be fully or partially suspended should unforeseeable circumstances or a force majeure event occur, which prevent or delay fulfilment.   The following is a non-exhaustive list of such events: war, riot, insurrection, social unrest, disruptions to telecommunications, computer breakdowns or serious impact on the security and integrity of the Internet, or strikes of any nature.  The Company will inform the customer of any such unforeseeable circumstances or force majeure events within seven days of their occurrence. Should this suspension of the Company's fulfilment of its obligations continue beyond a period of fifteen days, the customer will then have the option to cancel the order in progress, and will then be refunded by the Company at the earliest opportunity by crediting the customer's bank account.


ARTICLE 18: INTELLECTUAL PROPERTY RIGHTS


The Website is the exclusive property of the Company, which has created and posted the web pages, images and source scripts, and data of which it is formed. The customer is therefore prohibited from circulating or reproducing the Website, fully or partially, in any form whatsoever.  The Company's Articles, and all of the trademarks, figurative or otherwise, and, more generally, all the other trademarks, illustrations, images, designs and models and logotypes that appear on the Company's Articles sold remotely, their accessories or their packaging, whether or not these are registered, are and shall remain the exclusive property of the Company. Any full or partial reproduction, downloading, modification or use of these trademarks, illustrations, images and logotypes, designs and models for any purposes and in any format whatsoever, without express prior agreement from the Company in writing, is strictly prohibited. This also applies to any combination or conjunction with any other trademark, symbol, logotype and, more generally, any distinctive sign intended to form a composite logo. Legal action will be taken against any act of counterfeiting or any complicity with such acts.   Similarly, the following are also strictly prohibited, unless express prior agreement is granted by the Company in writing: - the creation of hypertext links to any of the pages or any of the elements which form the Website; - all use of any of the elements of the Website (articles posted, descriptions, prices, data, software, graphics, images, texts, photographs, tools, etc.) for sales or for any other purposes which are directly or indirectly commercial.


ARTICLE 19: NO WAIVER CLAUSE


The fact that the Company refrains, at a given time, from insisting that any one of the provisions of these general terms and conditions of sale is executed cannot be interpreted as waiving the right to subsequently insist that the aforementioned provision is executed in full or in part.
In the situation where one of the articles or clauses of these general terms and conditions of sale is deemed to be invalid or inapplicable by a court, this invalidity or inapplicability shall be limited to the article or clause in question, and shall not entail the invalidity or inapplicability of the other articles or clauses in these general terms and conditions of sale.


ARTICLE 20: DISPUTES – APPLICABLE LAW


These general terms and conditions of sale are governed by French law and will be interpreted in accordance with its provisions.   French courts have sole jurisdiction in the event of a dispute. 


LATEST REVISION 08/12/2016