Definitions and Interpretation
1.1 In these conditions “we” or “the Company” means HEDONIST WATCHES, registered in FRANCE under company registration number 850593658, whose registered office, and “you” means the person, firm or company purchasing the Goods.
1.2 The expression “the Goods” means a watch or watches possibly including box and paperwork, straps and/or accessories.
1.3 By purchasing Goods from us, you agree to be bound by these Terms.
1.4 Any purchase of Goods following the posting of any changes constitutes acceptance of those changes.
1.5 No agent of the Company has power to vary these conditions orally, or to make representations or promises about the condition of the Goods, their fitness for any purpose or any other matter whatsoever.
1.6 Unless otherwise expressly stated in writing, all quotations from us are invitations to treat. Your order is an offer, which offer will be accepted by us delivering an order confirmation email.
1.7 The acceptance by the Customer of all or any of the Goods shall constitute acceptance by the Customer of these Terms.
1.8 These terms are exclusively subject to French law, and Paris Commercial Court is solely competent in cas of dispute.
1.9 These Terms constitute the entire agreement and understanding between the Customer and the Company and govern the supply of the Goods, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between the Customer and the Company.
1.10 All notices to be served under these Terms shall be served by first class pre-paid post or e-mail at the registered office of the Company or at the delivery address supplied by the Customer. Notices shall be deemed served when they would ordinarily have been received in normal business hours according to the means of transmission of such notices.
1.11 Orders may only be placed by individuals aged 18 or older.
2.1 the Customer can cancel an order any time before or after dispatch of the Goods, until the date 7 days following the day on which the Goods are delivered.
2.2 All Goods will remain for sale on the website until the purchase is completely paid.
2.3 In case of cancellation after the Goods were delivered, the Customer must return the Goods to the Company following Company’s instructions and we will make reasonable deductions for any wear and tear the Goods may have suffered, or for any repair that needs to be carried out, as a result of damage incurred, whilst the Goods were in the Customer’s care. Paperwork has a significant impact on resale value and we may reduce the funds that we return to you by up to 30% if these are missing or damaged.
2.4 Return postage, packaging, insurance and cost are under the Customer’s responsibility, though Hedonist Watches will assist in the process where possible.
2.5 The Goods must be dispatched within 7 days of sending the Company the notification to cancel.
2.6 Provided the cancellation conditions are met, the Company will reimburse the Customer within 30 days of receiving and inspecting the Goods.
2.7 To cancel an order, the Customer must inform the Company by email to email@example.com.
2.8 The Company may have to cancel Customer’s Order, due to unavailability of stock or for some other reason justifying cancellation. If the Company cancel Customer’s order, the Company will refund all sums paid by the Customer within 30 working days of notifying the Customer of the intention to cancel the Order.
Warranties and Representations
3.1 The Company have made every effort to display as accurately as possible the colors and images of the products that appear on the website. The Company cannot guarantee that Customer’s electronic display will be accurate.
Pricing and Payment
4.1 The price of the Goods will be set out in the email acknowledging Customer’s order and may occasionally differ from the price at which the Goods are advertised on the website. All prices are in Euros, with all payments and refunds being issued in the same currency.
4.2 The prices are subject to change until the Customer have paid for the Goods in full. Please note, that prices are quoted gross of Value-Added Tax (unless expressly stated otherwise) and that preowned goods are subject to a marginal rate of Value-Added Tax, which cannot be reclaimed.
4.3 Prices for Goods may change without notice.
4.4 All Goods must be paid for in full, prior to dispatch.
4.5 The Company only accept payments by bank transfer.
4.6 In certain circumstances, and by negotiation, the Company will accept a deposit for a watch, prior to payment of the balance by a specified date. These specific conditions must be agreed by both parties and written.
4.6.1 Where the deposit is 15% of the VAT inclusive purchase price of the watch, the deposit will be refundable provided that the Customer requests the return of the deposit, in writing, within 48 hours of paying the deposit.
4.6.2 Where the deposit is less than 15% of the VAT inclusive purchase price of the watch, the deposit will be non-refundable and will be forfeit in the event of a failure to pay the balance of the purchase price of the watch on or before the agreed final payment date, which will be 7 days from the date of payment of the deposit, unless specifically stated otherwise.
4.7 If the Customer is outside France, he may have to pay import duties or other charges, levied by national authorities, when the Goods enter their country of destination. These are entirely Customer’s responsibility.
5.1 When the Customer places an order, Hedonist Watches will contact him to advise him as to a likely delivery date. This will vary according to the availability of the Goods and Customer’s address, and are only estimates, given in good faith. No liability will be accepted by the Company for any loss whatsoever suffered or caused through late delivery or non-delivery and time of delivery shall not be of the essence.
5.2 A signature by a person aged 18 years or over, is needed for receipt of all Goods, at the delivery address. Any parcel that has been tampered with, or shows signs of damage, should not be signed for and delivery should be refused. Otherwise, the Company will decline any kind of responsibility due to damages occurred during the shipping.
5.3 Goods will be delivered to the address given in the original order, or according to Customer’s instructions in case of collect.
Title and Risk
6.1 The Goods will be Customer’s responsibility from the completion of physical delivery of the Goods to you.
6.2 Ownership of the Goods will pass to the Customer once the Company have received payment in full for the Goods.
7.1 Once delivered, the Customer must inspect the Goods as soon as reasonably practicable, and inform the Company immediately, if they are faulty, or if the Goods are not as described.
7.2 If the Customer wishes to claim that any of the Goods are delivered damaged, the Customer is required to give notice of the damage and return the Goods, including paperwork, boxes, links, user manual and service papers, and any other accessories, within 7 days of delivery, failing which the Goods shall be deemed to have been delivered undamaged and in accordance with the delivery documents.
7.3 If, on inspection, and provided the Customer meets the return requirements mentioned above, the Goods are found to be faulty, the Company will either: agree to replace the Goods, repair them, or refund the Customer for them, in part or in full.
7.4 The Company will make reasonable deductions for any wear and tear the Goods may have suffered whilst they were in Customer’s care. Paperwork has a significant impact on resale value and the sum repaid may be reduced by up to 30% if the paperwork is missing or damaged.
7.5 Return postage, packaging, insurance and cost are Customer’s responsibility, though the Company will assist in the process where possible.
Limitations of Company’s Liability
8.1 The Company shall not be liable for any loss of profit, loss of goodwill, loss of business, loss of business opportunity loss of anticipated saving, loss or corruption of data or information, special, consequential or indirect loss suffered by the Customer or by any third party in relation to this order and the Customer shall indemnify the Company in respect of any claim of any person in respect of such consequential or indirect loss.
8.2 The Company will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a sale that is caused by an Event Outside Company’s Control.
8.3 An "Event Outside Company’s Control" means any act or event beyond Company’s reasonable control, including without limitation, strikes, lock-outs or other industrial action by third parties, acts of local or central government or other competent authorities, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, collapse of buildings, accident, interruption or failure of utility services, interruption or failure of Company’s website or IT system caused by third parties, or delays/non-performance caused by third parties including manufacturers, finance providers, or any shipping companies.
8.4 If an Event Outside Company’s Control takes place that affects the performance of our obligations under an Order: (i) we will contact the Customer as soon as reasonably possible to notify him of the event; and (ii) Company’s obligations under an Order will be suspended and the time for performance of Company’s obligations will be extended for the duration of the Event Outside Company’s Control. Where the Event Outside Company’s Control affects our delivery of Products to the Customer, we will arrange a new delivery date with the Customer after the Event Outside Company’s Control is over.
8.5 If the Company has reasonable grounds to suspect a fraudulent payment, Company will neither dispatch any Goods, nor carry out any refunds, until authorized to do so by the relevant authorities.
9.2 Except where expressly stated, any contract is between the Company and the Customer. No external party to any contract shall have any right to enforce any of its provisions.
9.3 Any failure on Company’s part to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
9.4 The Company reserves the right to transfer any of its rights and obligations under these Terms, to another party, notifying the Customer of this in writing should it occur, but this will not affect any of Customer’s rights or Company’s obligations under these Terms.
9.5 Any questions relating to these Terms should be sent to firstname.lastname@example.org or by post, at Company’s office.
CONSIGNMENT SALE TERMS
1. Consignment Sales
1.1 If the Customer would like to sell his watch through Hedonist Watches, the Company can attempt to sell it on Customer’s behalf, for which the Company takes a commission on the proceeds of sale. This process is known as a consignment sale.
1.2 Customer will need to provide Company with details of the Goods, such as the model, make and condition. This information must be as complete and accurate as possible, as any quoting price we give will be based entirely on this information, and any photos of the Goods that you supply to the Company.
1.3 Once the Company have all the information, it will aim to provide the Customer with a provisional quoting price for the Goods within two working days.
1.3.1 This will include any recent trading data Company is able to find on Customer’s watch and a suggested listing price.
1.3.2 Customer is under no obligation to accept any quoting price suggested by the Company.
1.4 If the Customer decides to then proceed with a consignment sale, Customer must arrange for the Goods to be posted or delivered to the address provided by the Company, under his responsibility.
1.5 On receipt of the Goods, the Company will then arrange for it, as well as its accompanying paperwork, to be inspected. Once authenticity has been confirmed, the Company will contact the Customer with a suggested listing price.
1.6 Where work needs to be carried out on the watch and you have consented to the watch being listed on our website, you are deemed to have consented to us carrying out the work.
1.7 We may offer a reduced valuation if the watch or the condition of the watch is not exactly as described by you; and/or where other factors, that were not previously disclosed, have an impact on valuation.
1.8 You will be expected to remove or cancel any public sales listings for the watch, should these exist, prior to the watch being listed on our website.
2.1 If you wish to cancel the consignment sale, and for us to return the Goods to you, you are required to inform us either by email email@example.com.
2.2 If you decide to withdraw the watch from sale during the initial 3 month listing period, you will immediately become liable to pay to us the commission that would have been payable on the sale of the watch.
2.3 If you decide to withdraw the watch from sale following the expiry of the initial 3 month listing period, no penalty will apply.
2.4 We cannot accept any liability for any delay in returning the Goods to you that is beyond our reasonable control.
Consignment Sale Fees
3.1 Our sale commission on a consignment sale is a percentage of the actual sale price, agreed on a case by case basis.
3.2 In order for watches to be listed on our website, they must be listed for a minimum term of 3 months.
3.3 We will agree with you an asking price before we list your watch on our website.
3.3.1 In certain circumstances, we will sell your watch for less than the agreed price without your prior written consent, but only on the basis that the shortfall is entirely met out of the commission payable to us on the sale of the watch.
3.3.2 In certain circumstances, we will agree with you in writing a reduction in the asking price for the watch and this may impact on the commission payable by you on the sale of the watch.
3.4 If you are outside of France, you may have to pay export duties or other charges, levied by national authorities, when the Goods leave their country of origin. These are entirely your responsibility.
4.1 Once we have agreed the sale price, we will list your watch on our website.
4.2 We reserve the right to remove your watch from our listings at any time and to notify you to this effect as soon as reasonably practicable, if such action is necessary.
4.3 By setting the sale price and possibly a minimum return price, you are authorizing us to sell your watch on your behalf, if an offer is made at or above the minimum return price. If an offer is made below the minimum return price, we will contact you for your instructions in relation to the offer.
Pricing and Methods of Payment
5.1 All prices and payments are in Euro. If we make a payment to you, this will generally be paid in Euro.
5.2 We will transfer the proceeds of sale of the Goods, less monies due to us, to the bank account nominated by you.
5.2.1 You are responsible for ensuring we have the correct bank account details.
5.2.2 We accept no liability if you provide us with incorrect bank account information.
5.3 Payment will generally be made by transfer, with cleared funds taking approximately 14 days to arrive, once payment has become due.
5.4 We reserve the right to arrange payment by another payment method where this is reasonable. We accept no liability for unavoidable delays to payment.
5.5 If we discover that the watch supplied by you is a counterfeit, stolen, lost or damaged, not fully-owned by you or is in breach of any of your undertakings to us, we have the right to cancel the consignment sale, notifying you by email or telephone as soon as possible. In this event, payment will not fall due and you must refund us the full purchase price paid, within 7 days of receipt of notice from us.
Risk and Title
6.1 Risk (of loss or damage), passes to us from the moment that the Goods have been successfully delivered to us at our offices.
6.2 Ownership of the Goods will pass from you to the end buyer only after the 7 day cooling off period has expired, without having received notification of cancellation during that period from the end buyer and the sale has not been cancelled because of a defect in the Goods.
6.3 If the Goods are lost or damaged, whilst they are in our care, and you can provide satisfactory proof of dispatch, we will either try to find a like-for-like replacement, or pay you compensation for the actual loss you’ve suffered.
6.4 In the event of a complete loss, the amount of compensation will be the trade valuation price, rather than the retail valuation price. We will transfer the full amount due to you, within ten working days of receipt of the same from our insurers.
Warranties from You
7.1 You must ensure that the Goods correspond to their description, be of satisfactory quality and fit for purpose, as explicitly or implicitly held out by you, and that they are free from any defects in design, material or workmanship.
7.2 You warrant that all information that you have provided us with is true, accurate and complete.
7.3 You warrant that you haven’t omitted or concealed any fact concerning the provenance, identity, history, quality, authenticity or legal status of the Goods that might be regarded by a reasonable buyer as material.
7.4 You warrant that the watch is yours to sell, and you are entitled to do so free from any charge, lien or adverse claim, or hire, hire purchase commitment or any other form of financial arrangement.
7.5 You warrant that the watch has no unreported physical defects, nor has it been altered or tampered with.
7.6 You warrant that the watch and all accompanying documentation are original and genuine.
Remedies available to us
8.1 in the event of any breach of the warranties set out in clause 10 above, we will have the right to reject the Goods, require you to provide a full refund for the price of the Goods, require you to repay any costs incurred by us in obtaining substitute items from a third party or to pursue all other remedies afforded by law.
8.2 We shall have a lien over the Goods, in order to secure payment by you, of any and all sums due, under any contract between us.
- We guarantee the authenticity of all watches that we sell on our website.
- We provide a 12-month warranty on either a full or limited basis on every pre-owned watch we sell, whether on a direct sale basis or on a consignment sale basis.
2.1 Subject to sub-clause 2.2 below, the warranty protects the watch against manufacturing and/or mechanical defects.
2.2 Under a Limited Warranty, given the age of the watch, we cannot guarantee that the watch will comply with the expected tolerances for timekeeping or that it will be suitable for use in wet environments or complete water submersion.
- All warranties will be registered to the postal address provided to us by you. Please update us as soon as you change your home address, email address and/or telephone number.
- Our warranties do not cover the following risks: theft, loss, defects arising out of normal wear and tear, damage caused by, water, accidents or abuse and mistreatment or negligence on your part, including damage caused by failure to follow the instructions of the manufacturer or of Hedonist Watches.
- Our warranties do not cover wear to the watchstrap, the glass, the clasp or cosmetic damage.
- The warranty will be invalidated in the event that a third party carries out any tests or work on the watch without our knowledge or consent.
- Where you return your watch to us and there is a valid claim against our warranty, if it is still covered by the manufacturer’s warranty, we reserve the right to proceed with the works through the manufacturer’s warranty first.
- Where you have a valid claim against our warranty, we will, at our discretion, either replace or repair the watch, with time not being of the essence for any works carried out under the warranty.
- We have absolute discretion as to the acceptance of any claim against the warranty. In the event of a dispute, we reserve the right to instruct an independent, third party watchmaker to determine the appropriate course of action. The decision of the independent, third party watchmaker will be binding on both parties.
- You will be responsible for the cost of delivering your watch to us and insuring your watch in transit, when you send it back to us for inspection.
- The watch will be your responsibility from the moment when it is returned to you, at the address given in your order.
- The warranty is personal to you and non-transferable.