General Terms and Conditions of Sale

General Terms and Conditions of Sale

Date of issuance: November 24st, 2016
 These General Conditions of Sale (hereafter “GCS”) govern the sale of Products on or through the internet website www.franckdubarry.com (hereafter: the “Site”), which is developed, published, administered and operated by:

Franck Dubarry SA
Rue du Jeu-de-l'Arc 15
1207 Geneva
Switzerland
IDE : CHE-147.682.246

(hereafter: the “Company”)

These GCS apply to all the Products purchased on or through the Site. These GCS set out and define the rights and obligations of both parties. Capitalized terms used in these GCS shall have the same meaning as the one contained in the “Definition” section of the Terms.

1. ORDERS

 Clients can place an Order on the Site by choosing the selected Products for the indicated Prices. The desired Products will be added in your shopping bag. To delete the selected Products from your shopping bag, click on the “Remove” button. Proceed to checkout to finalise your purchase and follow instructions.

Once the Client has selected a Product and placed an order by hitting the “Purchase” button, the description, the photograph, the reference number and the unit cost of the Product shall be listed. The Client must ensure that the information so listed is correct prior to confirming the Order. Any clearly erroneous data entry shall automatically be corrected by the Company.

The purchase of Products through the Site is strictly limited to parties who can lawfully enter into and form contracts in accordance to Swiss law. Orders may only be placed on the Site by persons who are eighteen (18) years of age or older and for a personal purchase. Any professional resale or other parallel distribution or importation of Products purchased on or through the Site is strictly forbidden.

The Client must then provide the Company with Personal Data. By confirming the order, the Client agrees to comply with these GCS.

Once your Order is confirmed you will receive an Order confirmation by email. If, for any reason, we cannot accept your Order we will contact you by email or telephone.

The Company reserves the right not to accept the Client’s Order in the event, for example, that the selected Product is out of stock, does not satisfy our quality control standards, is withdrawn, or that the Client does not meet the eligibility criteria set-out in these GCS.

2. DELIVERY

Countries

Across the United States and European Union.

Taxes & Duties

The sales taxes and duties will be invoiced by the Company to the Client. The Company will pay these sales taxes and duties to the carrier. By purchasing the Product on or through the Site, the Client agrees unconditionally to pay all applicable sales taxes and import related costs or duties.

Delivery methods

Delivery methods are offered to the Client during the order process. Delivery will be made utilizing that method at the delivery address specified by the Client at the time of order. Any incorrect or missing information in Client's delivery address and identity releases the Company of the responsibility for the delivery.

For credit card payment, the Company will deliver the Products to the billing address specified by the Client in his/her order. For security reasons, we can only deliver to the billing address of the credit card.

All shipping methods offered by the Company request signature upon delivery. The Client shall specify a shipping address where he or she would be present to receive the package, or where someone being 18 years of age or over would be present to receive the package on his or her behalf.

Shipping costs

    - Standard shipping: the cost of standard shipping shall be paid for by the Company. The Company works with FEDEX as international carrier. Unless expressly otherwise agreed upon, the Company shall be free to determine the appropriate mode of shipment and to select the carrier at its discretion. Delivery times: once the order and confirmation of payment have taken place, delivery times are, by way of indication and without any guarantee in this respect, of up to eight (8) working days for Switzerland, Europe, and the U.S., and of up to fifteen (15) working days for the rest of the world.

     - Premium shipping: the cost of premium shipping shall be paid for by the Client. The Company works with FEDEX as international carrier for premium shipping. The Company shall be free to propose one or more other modes of shipment from selected carriers at its discretion. The Client shall select a premium shipping method during the order process.

Inspection

The Client must inspect the Products on delivery and notify immediately to the Company any defect. In such event, the Client shall not use the Product and shall immediately put it back in the packaging. If the Client does not comply with this obligation, the Company will not repair or replace the Product and will not Refund the Client.

3. RESPONSIBILITY

The Company cannot be held responsible for late delivery due to carrier’s delay. In the case of a delay in shipment different from the one announced by the carrier, the Client must proceed in contacting the postal service or the carrier immediately. In the case of major delays, the Client must contact the Company by sending an e-mail to info@franckdubarry.com, or by calling a sales advisor on the following European based phone number: +33674799968 After having received the Client’s complaint, the Company will contact the carrier in order to localize the parcel.

In the event that the parcel could not be found, the Company will, after the postal services or the carrier’s conclusions of investigation proceed to deliver the same parcel as initially ordered or offer to Refund the total value of the Products in the parcel.

If a package is returned to the Company with the mention: “Does not live at address mentioned on order” or “pending delay exceeded” or any other circumstance engaging the Client’s responsibility, the Company will ask the Client to cover the shipping costs for another delivery attempt. In the case of the refusal of the Client to cover these costs, the Company will Refund the cost of the Product minus the delivery charges of the delivery attempts and any other costs incurred. 

4. TRANSFERT OF RISKS & OWNERSHIP

The transfer of risks and ownership shall take place upon delivery of the Products to the shipping address specified by the Client, after the signature upon delivery from someone being eighteen (18) years of age or over.

5. FORCE MAJEURE

The Company cannot accept responsibility for any damage, loss, delay, or inconvenience caused by Force majeure events. Such events include but are not limited to war, threat of war, riots, civil strife, or terrorist activity, industrial disputes, natural or nuclear disasters, fire, airport closures, bad weather conditions, interruption or failure of a utility service or the acts of any local or national government. The Company reserves the right to cancel any Transaction affected by such circumstances.

6. PRICE

The Prices displayed for each Product on the Site do not include applicable taxes, duties and shipping costs.

The Company reserves the right to amend the Prices which are listed on the Site without prior notice and at any time whatsoever.

Currencies

The Prices are stated in Swiss Francs (CHF) for Switzerland, in Euros (€) for European Union countries, and in US Dollars ($) for Americas and the rest of the world. The Price and the currency accepted by the Client at the time of the Order are decisive. The Company reserves the right to set different Prices for different currencies and/or locations.

Taxes

Taxes and duties are calculated by the Company during the order process, depending on the shipping address specified by the Client, and are displayed to the Client before his or her confirmation of the Order.

The Client accepts to reimburse the Company for any additional amount of applicable taxes and/or duties, exceeding the amount calculated during the order process, and paid for by the Company.

Shipping charges

Shipping charges are calculated by the Company during the order process, depending on the shipping address specified by the Client and the shipping method selected by the Client.

Shipping charges are displayed to the Client before his or her confirmation of the Order.

Payment by wire transfer

For payments by wire transfer, the Client is entitled to a 3,5% discount on the indicated Price.  

 

7. PAYMENT

The Price of purchased Products, including taxes and shipping charges, is payable in full on the date the order is placed by the Client.

Payment methods

The payment of purchases on the Site shall be made:

     - by credit card

     - by PayPal

     - by wire transfer

Wire transfers are limited to purchases exceeding $5000.

Name of the client must appear as a reference for the payment

For all orders shipped to the America (North, Central and South America, West Indies) payment shall be remitted to the following account :

America / USD Currency

Bank : JPMorgan Chase

Beneficiary : Franck Dubarry S.A.

Account : 117060150

BIC : CHASUS33

ABA : 02100021

For any other shipping area, payment shall be remitted to the following accounts, according to the currency :

1/ CHF Currency

Bank : Credit Suisse S.A.

Beneficiary : Franck Dubarry S.A.

SWIFT/ BIC: CRESCHZZ80A

IBAN : CH72 0483 5121 1162 2100 0

2/ Euro Currency

Bank : Credit Suisse S.A.

Beneficiary : Franck Dubarry S.A.

SWIFT/ BIC: CRESCHZZ80A

IBAN : CH38 0483 5121 1162 2200 0

3/ USD Currency

Bank : Credit Suisse S.A.

Beneficiary : Franck Dubarry S.A.

SWIFT/ BIC: CRESCHZZ80A

IBAN : CH11 0483 5121 1162 2200 1

Payment confirmation

In the case of an Order paid by credit card, said payment shall only be accepted by the Company upon receipt of your valid payment.

In the case of an Order paid by PayPal, said payment shall only be accepted by the Company following confirmation that the funds have been cleared.

In the case of an Order paid for by bank transfer, said payment shall only be accepted by the Company following confirmation of payment by the bank.

Once the payment has been accepted by the Company, the Client shall receive a confirmation by email.

Payment default

In the event of payment default because of an incorrect address or any other problem concerning the Client’s Account, the Company reserves the right to block the Order of the Client until the problem has been solved. The Company will not supply and ship the Products until payment has been settled in full.

8. CREDIT CARD PAYMENT SCHEME

As soon as you find a Product that you wish to order via the Site with your credit card, the Company will ask for your payment card information and billing address. Upon receipt of the confirmation, the Payment Provider will process your payment. You understand and agree that the payment will be processed by the Payment Provider.

The payment of the confirmed Transaction will be processed in a secured way (SSL) through the Payment Interface of the Payment Provider. The Company will use the Payment Provider’s API interface and will at all times comply with the current PCI-DSS rules.

You agree to pay the Prices applicable to the chosen Product as communicated to you on the Site. All Prices paid by Users in connection with the Products are non-Refundable, except as expressly provided in our Refund Policy.

The Payment Provider delivers real time or near real time Transaction processing capability over the internet with a high availability service level applying to the Payment Interface.

The Company will keep a copy of all electronic and other records related to the Transactions and the ordering and delivery of the Products for two (2) years subsequent to the Transaction being processed. Records shall include invoice of the delivered Products and all contact with the Client.

The Company guarantees not to copy, store, save, capture or intercept payment instruments related information such as credit card numbers, expiry date, holder name, card summary (last 4 digits), card BIN (6 first digits), card type, Issuer, issuing country, CVV codes, passwords entered into the Payment Interface. Your credit card information will be transferred to the Payment Provider as encrypted data to the Payment Provider’s server. Encrypted data can only be decrypted by the Payment Provider.

Credit card information will remain on User’s device and will not be saved by the Company. You understand and explicitly agree that the Payment Provider will act as data controller of your payment information.

The Payment Provider will act as a provider of the cross-border payment services and will take all necessary steps to comply with the duties of due diligence and duties to report as set forth in the Swiss Federal act on combating money laundering and terrorist financing in the financial sector (RS 955.0).

Upon request, you hereby agree to provide the Payment Provider with all information requested by the Payment Provider in relation to your specific Transaction in order to comply with the Federal act on combating money laundering and terrorist financing in the financial sector (RS 955.0).

As a User, you hereby authorize and agree that Payment Provider shall debit (whether directly or indirectly via a third-party payment service provider, subject to that third-party service provider’s terms of use) your payment card of the amount of the Price upon order confirmation.

The payment shall be taken by a debit of the Price from one of the acceptable payment methods listed on the Site (Eurocard/MasterCard, Visa, American Express). You will also be asked to provide the Payment Provider with customary billing information such as name, billing address and payment information. It is your responsibility to take all necessary measures to ensure that your password and credit card details remain secret and to prevent the use or misuse of such password by any unauthorized person. You shall notify the Company promptly if you discover or suspect that your password or credit card information has become accessible to or has been misused by any unauthorized third party.

If the Payment Provider believes that a security breach or compromise of any User has occurred, the Company will, upon request, mandate a third party auditor approved by the Payment Provider to conduct a security audit of its systems and facilities and issue a report.

In some circumstances, and in addition to the billing and payment information, the Company and/or the Payment Provider may request you to provide some proof of your identity and some information in relation to the funds used to proceed to the transaction. Payment details may also be requested by the Payment Provider. Such information can be requested at the time of ordering, during payment processing or at any other time thereafter. The Company reserves the right to cancel your order if you do not provide such proof of identity when requested.

In order to enable the Payment Provider to comply with applicable law, including but not limited to anti-terrorism, financial services and other anti-money laundering laws and regulations imposing customer due diligence requirements, payment scheme requirement and TPPP’s requirement, the Company and/or the Payment Provider is entitled to request to any User the details, the economical background of the transaction and/or the beneficial owners of any transaction processed through the App (“Financial Data”). The Payment Provider is entitled to regularly get access to all Financial Data collected by the Company in relation to the transactions operated via the Site.

As a User and if requested, you agree to promptly provide the Company with all data requested by the Payment Provider in relation to a Transaction and/or a Refund (including those needed for fraud checks).

9. CHARGEBACK

The Company will only ship the Products upon receipt of your payment.

In the event of justified opposition to a payment within 24 hours, the Company will investigate with the Payment Provider and/or the Issuer. In the event that the Company considers, in its sole discretion, that your opposition is justified according to the Payment Provider’s Chargeback policy, the Company will exceptionally Refund you directly on your bank account, subject to the Company’s Refund policy. You understand and agree that any Chargeback fees from the Payment Provider and/or the Issuer may be invoiced to you by the Company.

You hereby agree not to oppose unduly to any payment processed through the Payment Provider and/or the Issuer. Should the Company, the Payment Provider and/or the Issuer consider, at its sole discretion, that you unduly opposed to a payment, you hereby agree to indemnify and hold the Company free from all direct and indirect damages and/or fees (including but not limited to Chargeback fees from the Payment Provider and/or the Issuer, attorney’s and court fees) incurred by such undue opposition. Please check the Payment Provider’s Chargeback policy for further details.

10. CANCELATION AND REFUND POLICY

To the maximum extent authorized by law, the Company is solely entitled to decide whether a Refund is due, integrally or partially to you.

The terms of the cancellation and Refund Policy applicable to the Order are displayed in your confirmation email.

As from the delivery of the Product, the Client has a contractual right to cancel the purchase Order.

In the event the Client wishes to cancel the purchase Order, the Client shall immediately put the Product(s) back in the packaging and contact the Company on the following European based phone number: +33674799968 or at the following email address sales@franckdubarry.com. Upon notification, the Company will provide the Client, within five (5) days, with a Return Authorization Number and the details for the shipment with FEDEX.

The Client must return the Product(s) as delivered, to the Company, within fourteen (14) days.After this deadline, the Client will not be entitled to cancel the purchase Order.

The costs of returning the Product(s) (delivery and insurance) shall be paid for by the Company, provided the Client received the prior approval of the Company and the Products are returned by FEDEX (using the Company’s account). If the shipment is returned to the Client, all costs of the new shipment shall be borne by the Client.

The Products must be returned in their original packaging which shall be verified by the Company who shall validate any Refund. All Refunds remain at the sole discretion of the Company.

Upon receipt of the Products, the Company will film and/or take pictures of the opening of the packaging and the returned Product. You hereby accept that the Company may use such films or photographs as evidence in case of litigation. Should the Company notice that the Product has been worn or that it has been slightly damaged in any way whatsoever, the sum to be Refund shall never exceed fifty percent (50%) of the Price paid by the Client for the Products, and may amount to zero percent (0%) for any other damage. Products which are engraved, personalized or altered as well as any special customization are expressly excluded from the right of cancellation.

Upon receipt of the Product in return, the Company shall be entitled to decide at its own discretion whether or to which extent a Refund is due, integrally or partially, to you.

The Company reserves the right to cancel any order at any time for security or fraud-protection purposes.

The Company will not (i) give cash Refunds to a User when the payment was made by a credit card, other than when required by applicable law or (ii) accept cash or other compensation for making a Refund to a credit card.

The Company reserves the right to refuse to execute a Refund if it is prohibited by applicable law or does not meet the conditions of these GCS or those of the Payment Provider.

11. INSURANCE

 The Company shall insure the Product up to the delivery thereof. A signature shall be required upon receipt of each Order, which shall be the moment when responsibility for the purchased Products transfers to the Client. Force majeure events or other events which are not covered by the insurance taken out by the Company shall not give rise to any liability for the Company.

12. INTERNATIONAL WARRANTY

The Company watches are guaranteed for a period of two (2) years as of delivery of the Product throughout the world against any potential manufacturing defect and any malfunction. Should you wish to exercise the warranty, you must notify by registered letter the Company of the defect and/or malfunction within two (2) years since actual delivery of the Product.

The warranty is valid from the date of registration of the number of your Product (engraved under the watch casing), recorded on the warranty card. Each warranty card is signed by the Company.

In the event of a claim under the warranty, the Company expressly reserves the right to carry out a repair of the Product.

13. LIMITATION OF THE WARRANTY

This warranty cannot cover alterations or damage caused by improper handling or operation, an unintended shock, an accident, negligence or any other inappropriate use thereof. Marks resulting from wear or tear are not covered by the warranty. The same applies regarding the replacement of batteries and usual periodic servicing, as well as the watch glass.

Are further excluded from the warranty straps made of textile or of leather as well as all faults due to the intervention of a person other than a watch specialist accredited by the Company. Moreover, in the event of the intervention of a person other than the Company, the Client may no longer rely upon the warranty.

14. DAMAGES

The Company reserves the right, at any time, to alter or to provisionally or permanently discontinue the Site, with or without notice, and without indemnifying the Users.  You agree that the Company shall not be liable either to yourself or to any third party, regarding any alteration, suspension or termination of the Site or any part thereof.  The Company is under no obligation whatsoever to update the Site.

15. AFTER SALES SERVICES INSTRUCTIONS (ASS)

Should the Client need to return the Product to the Company for a reparation, he or she is invited to send an email to aftersales@franckdubarry.com specifying the serial number engraved on the Product as well as the problems experienced (with one or more photographs where possible).

If the Product is under warranty and the repair is covered by said warranty, the costs of repair and transportation shall be paid by the Company. The warranty is only valid if the Product is accompanied by the warranty certificate, duly signed and dated.

If the Product is no longer covered by the warranty, costs of delivery and repair shall be paid for by the Client. An estimate shall be prepared for any repair or part replacement.

The Company shall only carry out any repair once full payment has been made by the Client of the sum set out in the estimate sent to the Client. In the event of a payment by bank transfer, the repair shall only be carried out once the funds have been received.

The Client shall use the Product case and the shipping package in order to return the Product to the Company’s address(with the return label which has been provided).

16. FRAUD CHECKS & CONTROLS

The Company will ensure all data that the Payment Provider requests to be provided for a Transaction, including those needed for fraud checks, are provided to the Payment Provider with each Transaction submitted for processing. You hereby agree to provide the Company upon the first request with all data requested by the Company for processing your Transaction.

All Transactions processed by the Payment Provider will be screened and a number of checks on the Transactions will be done.

17. EXPORT RESTRICTIONS

You agree to comply with all export laws and regulations. You agree that no Personal Data, information and/or Products will be exported, directly or indirectly, in violation of these laws, or will be used for any purpose prohibited by these laws.

18. APPLICABLE LAW AND FORUM

Any dispute arising from the sale of any Product on or through the Site or in relation with these GCS shall be exclusively governed by Swiss law. The Courts of the Republic and Canton of Geneva shall have exclusive jurisdiction for any such dispute, subject to an appeal to the Swiss Federal Court.