GENERAL TERMS AND CONDITIONS OF SALE

General conditions of sale applicable to the online store https://www.reservoir-watch.com/

Version May 2022

PRELIMINARY ARTICLE

RESERVOIR WATCH SAS, a limited liability company (Société à Actions Simplifiées; SAS), with capital of 131 524 Euros, whose registered address is 138 Rue du Faubourg Saint-Honoré 75008 Paris, France, recorded at 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 brand (hereinafter, the Articles). To better meet the expectations of its customers, RESERVOIR has, in parallel with its distribution network, set up a distance selling system through the internet identified by the domain name https://www.reservoir-watch.com (hereinafter, the Website). This page (together with the documents we refer to on it) tells you information about the legal terms and conditions on which RESERVOIR sell any of the products on its website to the client. These Terms will apply to any contract between RESERVOIR for the sale of Products to you for personal use only. Any resale is expressly prohibited. The Products purchased on the Website cannot under any circumstances be resold as new in any first-party distribution networks. Please read these Terms carefully and make sure that you understand them before ordering any Products from RESERVOIR website. Please print a copy of these Terms for future reference. We amend these Terms from time to time. Every time you order Products from this site, please check these Terms to ensure you understand the terms which will apply at that time.

ARTICLE 1: SCOPE OF APPLICATION

These terms are applicable to all sales throught the website to : AUSTRALIA, AUSTRIA, BAHRAIN, BELGIUM, CANADA, CROATIA, CYPRUS, CZECH REPUBLIC, DENMARK, DOMINICAN REPUBLIC, ESTONIA, FINLAND, FRANCE, GERMANY, GREECE, HONG KONG, HUNGARY, INDONESIA, IRELAND, ISRAEL, ITALY, JAPON, JORDAN, KOREA, KUWAIT, LEBANON, LITHUANIA, LUXEMBOURG, MALAYSIA, MALTA, MAURITIUS, MEXICO, MONACO, NERTHERLANDS, NIGER, NORWAY, PANAMA, PHILIPPINES, POLAND, Portugal, QATAR, ROMANIA, SAUDI ARABIA, SENEGAL, SINGAPORE, SLOVAKIA, SLOVENIA, SOUTH AFRICA, SPAIN, SWITZERLAND, SWEDEN, TAIWAN REGION, UNITED ARAB EMIRATES, UNITED KINGDOM, UNITED STATES.
These terms 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 and covered by the WEBSITE 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. 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, a limited liability company (Société à Actions Simplifiées; SAS), with capital of 131 524 Euros, whose registered address is 138 Rue du Faubourg Saint-Honoré 75008 Paris, France, recorded at the Paris Trade Register (RCS) under the number 821 693 520 (hereinafter, the Company), Telephone: +33 (0)1 46 22 65 51 and email : c[email protected]

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 PRODUCTS

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. The customer must, in particular, enter a personal e-mail address and choose a password which will form the login details for the personal account. The customer is notified, and accepts, that entering this information is proof of identity and intent. A confirmation e-mail for creation of the account will be sent to the customer at the e-mail address provided. In all circumstances, the customer is responsible for ensuring the 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 the 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 the personal information, the customer will have to log in 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 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 Products. The customer guarantees that all of the information provided to the Company on the Website, as part of an order, complies with these terms, 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 anormal order, and can limit the ordered products quantities. The Company will also be within its rights to refuse any order: 1/ placed by a customer with whom there has been a dispute relating to payment for a previous order; 2/ or which does not comply with the terms; 3/ which is inherently flawed due to a computer bug, or any other activity beyond its control; 4/ which has altered any information relating to the products (description, price, designation, etc.). If the Company notes that the order does not meet these terms (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, the Company reserves the right to cancel the order and the payment, without any further notice.

ARTICLE 5: ORDERING 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 an 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 reserves the right to refuse to provide the requested product if the customer does not meet the conditions required for fulfilment.
5.1 SELECTION OF PRODUCTS BY THE CUSTOMER. On the Website, the customer selects, enters and confirms the identification and quantity of Articles to order, and adds them to the basket.
5.2 VERIFICATION OF THE ARTICLES SELECTED. Before definitively confirming acceptance of this order, the customer has the option to check the details of the order and its total price and to freely edit the order, specifically by deleting or adding one or more of the Products originally selected, or altering the quantities ordered and placed in the basket.
5.3 IDENTIFICATION, CONFIRMATION OF SELECTED PRODUCTS AND SAVING OF THE ORDER. Once the customer has completed the selection and wishes to confirm the contents of the basket, the customer must log in, and confirm: 1/ The invoicing address for the order, which must correspond to his or her main residence in one of the countries covered by delivery, 2/ 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 final client, and that the invoicing and delivery addresses are located within the same country. 3/ The method of payment selected is payment by bank card according to the conditions of article 8 below. The customer must indicate the mean of payment selected, according to the conditions of article 8 below. The customer must confirm the payment. The authorization to debit the client’s 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 authorization to debit the customer’s bank account, the client’s basket is sent directly to the Company.
5.4 CONFIRMATION OF THE ORDER 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 email sent to the email 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 email acknowledges 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 emails 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: [email protected] or: RESERVOIR, 138 Rue du Faubourg Saint-Honoré 75008 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 email 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 products displayed on the online store (Website) are indicated in the currency chosen in the menu. Prices include VAT, taxes and customs duties if applicable. Other local taxes may be added depending on the country of delivery and are not indicated on the site. Shipping costs are free for the customer and will not be charged, unless otherwise specified. The Company reserves the right to modify the price of the articles and the delivery costs without notice.

ARTICLE 8: PAYMENT CONDITIONS

Purchases made by the customer may only be settled by the payment means mentioned at the checkout step. 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. A unique 3D Secure type security code may be requested from the customer to authenticate the transaction. The customer therefore authorises its bank in advance to debit the account of their name 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 Product(s) purchased accompanied by shipping costs. 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. 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 declined 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 countries covered by the delivery. The shipping costs are free of charge for the client and will not be invoiced, except if contrary indications are mentioned. The products will be shipped to the delivery address given during the order process. It is understood that delivery can only be made if the customer or a third-party beneficiary or the company within which the client undertakes his professional activities is belonging to one of the countries covered by the shop online. 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 designated by the customer. The customer or third-party beneficiary must ensure that they are present during the stated delivery window. If not present, a missed delivery notice will be left for the customer, who will have to wait for a subsequent delivery, 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 monitor the shipment. 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 protected].
When the delivery is completed and signed, the 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 products. These provisions give the client the right to return the delivered Products within this period, in their original packaging, in perfect condition, complete (accessories, manual, warranty) and accompanied by a copy of the invoice (this can also be downloaded from the website) to the address shown on this form. 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 products 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 products being received by the Company. Any Products returned 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 products.

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 product, the customer must contact the company by email at [email protected].
The product must be returned at the client’s 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 the following of the recommended type. 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. Contact the customer service center to mention all the information of the returned products. State whether a refund or an exchange.
2. Place the product to be returned, accompanied by all the accessories and other documents provided into the original shipping packaging.
3. Seal the package and post it using the correct postage for its weight and the chosen method, 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 products returned by the customer will be inspected by the after-Sales Department to assess the conditions of the products and the amount to be refunded to the customer, and whether it will be possible to offer an exchange for a product of the same value.
6. The Company will only offer a refund or exchange for products that it has actually received.
CONDITIONS FOR RETURNING AN ARTICLE:
– All returned products must be new (not worn or damaged) and in perfect condition.
– No refund or exchange is offered for customised products.
– 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 prodcuts, 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 products to the customer.

ARTICLE 13: COMPLIANCE

The customer must ensure that the Products which have been delivered to him or her match the order. Should the Products delivered not comply with the order, the customer must notify the Company at the earliest opportunity by sending an e-mail to [email protected] stating why the Product does not comply with the order and, after approval has been granted by the Company, return the Products 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 Product 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 Products 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 Product, the Company’s articles are subject to the following legal guarantees Article L. 211-4, Article L. 211-5 , Article L. 211-12 of the French Consumer Code, Article 1641, Article 1648, line 1 of the Civil Code.

ARTICLE 14: MANUFACTURER WARRANTY

The Company is especially vigilant for which concerns the quality of the products sold on the website. 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: 1/ Damage caused by failure to take into account the precautions stipulated in the technical instructions; 2/ malfunctions resulting from improper use of the products, 3/ accidents; 4/ loss or theft of the product. Any intervention on the watch outside the authorized service center network RESERVOIR will void the warranty. The registration of the watch on the website purchased online 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 responsible 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 user’s needs). This personal information 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, 138 Rue du Faubourg Saint-Honoré 75008 Paris, France. 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.

 

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