GENERAL TERMS AND CONDITIONS OF SALE
The RESERVOIR WATCH customer relations servie and european online boutiques
RESERVOIR WATCH SAS, a limited liability company (Société à Actions Simplifiées; SAS), with capital of 67 215 Euros, whose registered address is 112 Avenue de Paris CS 60002 – 94306 Vincennes Cedex, recorded in the Paris Trade Register (RCS) under the number 821 693 520 (hereinafter, the Company) creates, designs and sells watch articles and luxury accessories for men and women throughout the world under the RESERVOIR WATCH 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 for a selection of RESERVOIR WATCH articles on the site identified by the domain name https://www.reservoir-watch.com (hereinafter, the Website).
Orders placed 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.
ARTICLE 1: SCOPE OF APPLICATION
These general terms and conditions of sale are applicable to all sales of Articles concluded remotely through the website to Andorra, Argentina, Austria, Australia, Canada, China, Cyprus, Czech Republic, South-Korea, Denmark, Estonia, Finland, France, Germany, Greece, Hong-Kong, Hungary, Indonesia, Iceland, Ireland, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Macao, Malaysia, Malta, Mexico, Monaco, Netherlands, New-Zealand, Norway, Philippines, Poland, Portugal, San Marin, Singapore, Slovakia, Slovenia, Spain, Sweden, Switzerland, Taiwan, Thailand, Vietnam, USA, United Arab Emirates, 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; – covered by the shop online.
– 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 countries covered by the shop online and the quality of the consumer (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.
ARTICLE 2: DETAILS OF THE OFFEROR
RESERVOIR WATCH, SAS (Société par Actions Simplifiées) under French law, with capital of €67215, recorded in the Paris Trade Register under the number 821 693 520 and the VAT Number FR 75 821 693 520, whose registered address is: 5, Villa Mozart 75016 Paris – France Telephone: +33 (0)1 46 22 65 51 ; Contact email is : email@example.com
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
To place an order on the Website, the customer must be of legal age, and be normally resident in one of the countries covered by the delivery, 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 and English 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, and can limit the ordered products quantities.
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 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 countries covered by delivery:
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 countries covered by delivery, 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 countries covered by delivery, provided that this third party is acting as a consumer, and that the invoicing and delivery addresses are located within the same country.
iii) The method of payment selected is payment by bank card according to the conditions of article 8 below. 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: firstname.lastname@example.org or: RESERVOIR WATCH SAS, 5 Villa Mozart–75106 Paris, France.
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 the currency choosen in the menu.
The prices are inclusive of VAT and other taxes & duties, they not include delivery costs unless otherwise indicated. Another local taxes cand be added depending the delivered country and are not mentionned on the website.
The shipping costs are free of charge for the client and will not be invoiced, except if contrary indications would be mentionned.
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 : Visa, Mastercard.
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 a third party.
Whether 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) type security code may be requested from the customer to authenticate the transaction. 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 may only be delivered to one of the country covered by the delivery.
The shipping costs are free of charge for the client and will not be invoiced, except if contrary indications would be mentionned.
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 country covered by the shop online.
– 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 country covered by the delivery.
– 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 country covered by the delivery.
– 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.
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 email@example.com.
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.reservoir-watch.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.
ARTICLE 12: PROCEDURE FOR RETURNING ARTICLES
The customer has a period of (thirty) 30 days from the date of receipt to return the products. Before returning the watch, the customer must contact the company by email at firstname.lastname@example.org.
To facilitate the return of the watch, the customer can download on the company’s website the return voucher, which must be completed and signed. The return address is indicated on the downloadable voucher.
The products must be returned at your expense in their original condition and packaging, accompanied by a copy of the invoice. Worn, damaged or incomplete items will not be returned and will be sent back to the customer in its condition. Unidentified returned parcels may also be returned to their shipper. In order to prevent risks related to the return of the product, it is recommended to return its order by sending followed of recommended type (colissimo, …).
Under no circumstances may items ordered from the RESERVOIR online store be returned or exchanged at an authorized RESERVOIR dealer.
Items purchased in stores or at an authorized RESERVOIR Watch retailer can not be returned to this address.
Here are the steps to be followed to return an Article :
1. Fill in the returns form which can be downloaded from the official RESERVOIR WATCH 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
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 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 RESERVOIR WATCH logo must be returned by the customer at the same time as the Articles, along with the accessories (aditional bracelet, etc…) 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 email@example.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 for which concerns the quality of the Articles sold on the online boutique www.reservoir-watch.com. The international warranty runs during two years from the purchasing date mentionned on the warranty card delivered with the watch.
The warranty does not cover the following cases:
– Damage caused by failure to take into account the precautions stipulated in the technical instructions, delivered with the watch or accessible on the site www.reservoir-watch.com/services
– malfunctions resulting from improper use of the watch;
– loss or theft of the watch.
Any intervention on the watch outside the authorized service center network RESERVOIR will void the warranty.
The registration of the watch on the site www.reservoir-watch.com, purchased on the online sale site www.reservoir-watch.com or from an authorized retailer RESERVOIR Watch allows an extension of year warranty, starting from the end of the initial warranty period.
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
In the context of sales made via the website, the company is responsible for processing the personal data of its customers. The data collected are necessary for the processing of the order and may be communicated to the service providers of the company involved in the execution of the order.
In accordance with the provisions of Law No. 78-17 of 6 January 1978, as amended, relating to data processing, files and freedoms, the automated processing of personal data carried out on the present site was the subject of a declaration (n°2098652) to the National Commission for Data Processing and Liberties (CNIL)
The responsable in charge of the processing of the personal data is the company RESERVOIR Watch SAS. In particular, the user is informed that in accordance with article 32 of law no. 78-17 of 6 January 1978, as amended, relating to data processing, files and freedoms, all information that the user may be required to communicating on the site, will be exclusively intended for the operator of this website and / or any other company of the group to which it belongs, for purposes of administrative management (evaluation of the functioning of the website and of users’s needs). These personal informations will not be resold or communicated to third parties, with the exception of the companies in the group to which the operator of this website belongs to, and the service providers used by RESERVOIR Watch SAS.
The recipients of the personal data of the user are, where applicable, the suppliers of means of payment or security of payments, the delivery providers and the trading partners of RESERVOIR Watch SAS. In the event that this is required by law, the consent of the user is collected or a possibility of refusal is created for the user before any data transmission.
Users may oppose such transmission of information under the conditions set out below. The user has the right to access, modify, rectify and delete data concerning him / her, by writing to the operator of the web site whose address is the following: RESERVOIR Watch SAS 5 villa Mozart -75016 Paris, France, firstname.lastname@example.org
The users of this site are obliged to respect the provisions of the law no. 78-17 of 6 January 1978 as amended, relating to data processing, files and freedoms, the violation of which is liable to penal sanctions. In particular, they shall refrain from any collection, misuse and, in general, from any act likely to infringe the privacy or reputation of persons, in the case of the personal information to which they have access.
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, videos, films …) 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.