Terms and conditions of sale

(Version applicable as of 15/06/2018)

 

1) Legal information

The present General Terms and Conditions of Sale (hereinafter “GTC”) cancel and replace the previously applicable conditions and govern all sales and services provided by the company F2RH CONCEPT, Société par Actions Simplifiée with a capital of 8. 000 €, whose head office is located at 17 rue des Arts – 31000 Toulouse – France, registered in the Toulouse Trade and Companies Register under the number 827 993 551, and whose activity is the manufacture and sale of jewelry items, especially limited series of luxury watches, which are numbered, made and customized according to options and specifications chosen by the Customer (APE 3212Z) – Intra-community VAT FR9827993551 Translated with www.DeepL.com/Translator (free version)
The company F2RH CONCEPT operates its activity under the trade name and the brand ” MW&Co ” and will therefore be referred to hereafter as ” MW&Co “.
MW&Co publishes and markets a website accessible at www.mwandco.com (hereafter “the Website”).
The Site is a commercial site offering watches of its own creation and manufacture for sale to consumer customers (hereinafter “the Customer(s)”).
The host of the Site is the company AUTOWEBBB – Digital Motorsport marketing – www.autowebbb-motorsport.com – 18 rue du 8 mai 1945 – 33150 Cenon – Tel: 09.83.49.82.69. : 09.83.49.82.69.
Director of the publication: Mr. Alain CARRERE, Sales Director Marketing and Communication of the company F2RH CONCEPT.
MW&Co has a professional multi-risk insurance by contract subscribed with Allianz (Policy n°592993384).

2) General provisions relating to the present General Conditions of Sale

2-1. Subject
The present GTC are applicable to any Customer of MW&Co for any purchase of a product or a service provided in particular via its e-commerce Site www.mwandco.com.
Any order of product or service offered by MW&Co, in particular via its Site, is thus worth express acceptance and without reserve of the present GCS, without however that this acceptance is not conditioned by a handwritten signature on behalf of the Customer. The acceptance of the GCS will be materialized by a box to be checked by the Customer before the validation of its order, being specified that their acceptance will be worth express recognition of the Customer that it took fully knowledge of it and that it accepts the whole of the rights and obligations relating to it.
MW&Co will be able to cancel or refuse an order at any time in the event of non-compliance with these GTCs, without prejudice to any damages that may be claimed against the Customer at fault.
MW&Co reserves the right to modify at any time its GCS, being specified that the applicable GCS are those which will be then applicable as of their posting on the Site for any new order.

2-2. Availability and enforceability of the GTC
The GTC are available for consultation at any time on the Site of MW&Co and they are placed at the disposal of the Customer on simple request by telephone with the 05 81 60 44 23, by electronic mail (contact@mwandco.com) or postal mail (17 rue des Arts – 31000 Toulouse). They are moreover systematically proposed to the reading before the validation of any order on the Site of MW&Co.
The Customer recognizes that he benefited from the councils and information necessary to ensure the adequacy of the offer to his needs.

2-3. Modification of the GCS
MW&Co reserves the right to modify its T&Cs at any time; the applicable T&Cs are those in force at the date of the order.

3) Conditions relating to the Customer

By placing an order with MW&Co, and in particular on its e-commerce Site www.mwandco.com, the Customer certifies :

* if it is a physical person:
– to be old of more than 18 years,
– to have the legal capacity to carry out an order, or to have the authorization of a tutor or a curator if it is unable,
– have a bank account and a bank card with which it is possible to make online purchases,
– be able to prove that he/she has a fixed address, if requested.

* If it is a legal entity:
– to be titular of a registration with the register of the trade and the companies of its head office,
– not to be in a state of cessation of payment or not to be the subject of a collective procedure (legal redress or liquidation),
– not to make the trade of sale of watches or products of jewelry, knowing that MW&Co has its own distributors and retailers of its products and services, and consequently to make the purchase of the Products sold by MW&Co for a need other than that of its commercial activity, as declared in its statutes.

4) The Products

4.1. Information on the characteristics of the Products
Any Product offered with the sale presented on the Site of MW&Co and/or on the catalogs of sale of MW&Co or its distributors and retailers is the subject of a description of its essential characteristics, within the meaning of the article L.111-1 of the French Code of consumption. The Customer is however informed that the photographs illustrating the Products do not constitute a contractual document, being specified that the rendering of the colors and the matters can prove to be different in real presence of the Products.
If the Customer wishes to obtain advice on a Product, he/she can contact the Customer Service by e-mail: serviceclient@mwandco.com.

4.2. Instructions for use
The instructions for use of the Products sold are mentioned in a notice attached to them.

4.3. Conformity
The Products comply with the regulations in force relating to the safety and health of persons, the fairness of commercial transactions and the protection of Consumers at the time they are placed on the market, in accordance with the provisions of Article L. 212-1 of the French Consumer Code.
More generally, they comply with the requirements of French law in force at the time they are placed on the market.

5) Terms and conditions for placing an order

5.1. Steps for concluding the contract.

Purchase on the Internet: for any purchase of Products on the Site, the Customer must first log on to the Site and create an account, and to do so, he/she must enter his/her title, surname, first name, postal address, e-mail address and a password that he/she chooses himself/herself (provided that it contains a given number of characters, as specified on the Site); if his/her account has already been created, he/she need only enter his/her e-mail address and password.
To place an order, the Customer, after having filled his virtual basket by indicating the selected Product(s) and the desired quantity, clicks on the “Order” button and provides the information relating to the desired delivery location. Before clicking on the “Confirm Order” button, the Customer has the possibility to check the details of his order and its total price (including the price of the Product(s) and the shipping costs) and to go back to the previous pages to correct any errors or possibly modify his order. The confirmation of the order implies the acceptance of the present GTC and forms the contract. An e-mail acknowledging receipt of the order and its payment is sent by MW&Co as soon as possible. The Site thus respects the process of the “double click” before any confirmation of order, in application of the provisions of the articles 1369-4 and following of the French Civil code.

The order thus becomes firm and final once these stages of validation accomplished, what obliges the Customer to proceed to the payment of its order as envisaged on the Site, namely: by bank card, via the service of payment made safe chosen by MW&Co (PayPal and/or bank transfer)

Direct purchase (at home, in ephemeral stores, exhibitions, shows,…): an order becomes firm by the signature by the Customer of an order form in duplicate, validated by MW&Co. The purchase order specifies the identity of the Customer, the description of the bought Products, the selling price per unit and total, as well as the place and the date of delivery. The signature of the purchase order involves the acceptance of the GCS and forms the contract. The Customer must then proceed to the full payment of the price of his order.

In all the cases, for purposes of good realization of an order, and in accordance with the article 1316-1 of the French Civil code, the Customer commits himself providing his true elements of identification MW&Co reserves the possibility of refusing the order, for example for any abnormal request, carried out in bad faith or for any legitimate reason.

In case of payment by credit card, the site uses the Payzen system, specialized in the security of online payment. This system guarantees the customer the total confidentiality of their banking information. The credit card transaction between the customer and the secure system is fully encrypted and protected.
The customer’s details are not stored electronically by the company.

5.2. Modification of the order
Whatever the mode of sale, any modification of order by the Customer, after confirmation of its order, is subjected to the acceptance of MW&Co.
MW&Co reserves the right to bring to the ordered Product the modifications which would be related to the technical evolution under the conditions envisaged in article R. 132-2-1, V of the French Code of consumption, in which case, the Customer will be informed by e-mail without delay and it will be able, if it wishes it, to decide to cancel or modify its order.

5.3. Unavailability of an ordered Product
In the event that a Product is unavailable after an order has been placed, the Customer will be informed as soon as possible. He will then be offered, at his choice, to modify his order or to cancel it and thus obtain a refund within 14 days following his request, which must be made in writing (e-mail, fax, postal mail).
In accordance with Article L. 121-20-3 of the French Consumer Code, the sums paid shall bear interest at the legal rate as from a period of thirty days.

5.4. Archiving and proof
Communications, order forms and invoices are archived on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with Article 1348 of the French Civil Code.
These communications, order forms and invoices may be produced as proof of the contract.

The Customer recognizes moreover that except contrary proof, the information recorded by MW&Co constitutes the proof of the whole of the transactions.

6) Time of retractation

In accordance with the articles L.121-21 and following of the French Code of consumption, the sales concluded with MW&Co relating to limited series of luxury watches, which are numbered, manufactured and clearly personalized according to the specifications of the Customer, the time of fourteen (14) days offered to any customer of remote sale for the exercise of a RIGHT OF RETRACTION IS NOT APPLICABLE.

Indeed, the law expressly provides that the right of retractation is not applicable in the event of sale of goods manufactured and personalized according to the choices of the customer, which is all the more the case as regards the watches manufactured and marketed by MW&Co, each one being engraved of a number which is clean to him and being single because of the options chosen by the Customer with his order.

7) Resolution

The contract can be solved by the Customer in case of:
– delivery of a Product that does not conform to the declared characteristics of the Product, by virtue of the guarantee of conformity from which the Customer benefits pursuant to the provisions of Article 1604 of the French Civil Code (see 11.1.2. below);
– delay in delivery exceeding 7 (seven) days from the deadline set at the time of the order, and not due to a case of force majeure, by virtue of the right granted to it by the provisions of Article L. 114-1 of the French Consumer Code (see 10.4 below).
In these assumptions, the Customer will be refunded of the totality of the price of the Product at the latest in the 14 (fourteen) days of its request, the expenses of return remaining in addition with the load of MW&Co in the event of nonconforming delivery.

The contract can be solved by MW&Co in case of:
– manifest violation of the Customer to the present CGV;
– non-payment of the price according to the rules envisaged in article 8 below;
– impossibility to manufacture and/or deliver the Product, whatever the cause and without MW&Co needing to justify it, including if the reason does not constitute a case of force majeure.
In these cases, when the price of the ordered Product will have been paid, the Customer will be refunded the price of its order, deduction made, if necessary, of any expenses or damage suffered by MW&Co.

8) Financial terms

8.1. Invoicing
In accordance with the article L.113-13 of the French Code of consumption, the prices of the Products sold by MW&Co are indicated at the time of the order in Euros net of tax and in Euros all inclusive of tax (i.e. price net of tax + Value Added Tax – VAT – applicable in France), except for the products dispatched except European Union and/or DOM-TOM, in which case, the price is calculated automatically net of tax on the invoice. Indeed, it is reminded that in accordance with Article 258 of the French General Tax Code, VAT is applicable on any sale in France or in one of the territories of the European Union, of a product that is in France at the time of its shipment.
At the time of the order, are also indicated the expenses of delivery according to the tariffs applicable by the providers of MW&Co, which vary according to the place of forwarding of the Product (s). These expenses of delivery are thus added to the price of the ordered Product(s).
Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights and sums do not fall under the competence of the salesman MW&Co. They will be the responsibility of the Customer (declarations, payment to the competent authorities, etc.). MW&Co invites the Customer to inquire about these aspects with the corresponding local authorities.
It is expressly indicated that MW&Co reserves the possibility of modifying its prices constantly, being specified that the applicable price is that in force at the day of the order.
In the event of promotion on its prices, MW&Co is committed applying the promotional price to any order placed during the duration of the promotion.
Finally, the Customer is informed that the telecommunication costs necessary to the access to the E-commerce Site of MW&Co remain with the load of the Customer.

8.2. Payment
As soon as the contract is concluded as described in article 5.1. above, the Customer must immediately proceed to the payment of the entire price of the Product(s) and the delivery charges listed on the order.
It is expressly stated that MW&Co is entitled to demand full payment of the order price as soon as the agreement has been concluded and can compel the Customer to fulfil the order as set out in article 8.4. below.
The payments are carried out by any means of payment with the choice of the Customer, in which case the payment will be able to be carried out only by bank card, by the service of protected payment on line chosen by MW&Co. Any bank charges related to the transactions will be charged to the Customer. Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). The information transmitted during the payment is encrypted in the rules of the art and cannot be read. Once the payment is initiated by the Customer, the transaction is immediately debited after verification of the information.
In accordance with Article L. 132-2 of the French Monetary and Financial Code, the commitment to pay by card is irrevocable. By communicating his banking information at the time of the sale, the Customer authorizes MW&Co to debit his card of the amount relating to the price
indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In case of error, or impossibility to debit the card, MW&Co will be able to proceed at its choice to the forced execution of the payment, as envisaged in article 8.4., or to decide to immediately cancel the sale, which will involve the cancellation of the order, as envisaged in article 7.

8.3. Retention of title clause
In accordance with the provisions of the articles 2367 to 2372 of the French Civil code, MW&Co reserves the property of the Products sold until the integral payment of their price. The non-fulfilment by the Customer of its obligation of payment, for some cause that it is, or in the event of cancellation of a payment which would have been already carried out, confers thus to MW&Co the right to require the immediate restitution of the Products sold to the expenses, risks and dangers of the Customer and to cancel the sale if good seems to him.
In this case, any sum paid by the Customer will be definitively acquired by MW&Co as a lump-sum compensation, without prejudice to any other action that MW&Co may be entitled to take against the Customer as a result.

8.4. Default of payment
In accordance with the provisions of article 1221 of the French Civil Code, if the Customer does not carry out its obligation to pay the price of the order once the contract is concluded in accordance with the terms of article 5.1. above, MW&Co will be able to oblige it by the legal way and to continue the execution in kind, after a 14 calendar days deadline after the date of first presentation of a formal demand remained unfruitful. The formal notice will be considered as valid if it is addressed by MW&Co to the Customer by registered letter or e-mail with acknowledgement of receipt.
In the same way, any defect of payment of a sum due to MW&Co will give place as of right, 7 (seven) days after the date of conclusion of the order, with the invoicing of a fixed allowance for expenses of recovery of an amount of 40 €, in addition to a penalty of delay equal to 3 times the legal rate of interest applied to the sum due as well as all expenses of legal recovery.
MW&Co can also decide to terminate the contract by right and without legal formalities, 14 calendar days after the date of first presentation of the formal notice referred to in the 1st § above.

8.5. Payment on account

The deposit represents an initial payment to be used for a purchase. It implies a firm commitment to purchase the product from the customer. The deposit will be deducted from the final price of the product, it represents a commitment on the part of the customer to buy the product at its production. In case of withdrawal, no refund will be possible.

Delivery in case of order of Products

9.1. Place of delivery
The place of delivery of the Product(s) ordered is given by the Customer at the time of his order. The Customer must be very vigilant and provide all precise information on the address given in order to optimize the delivery.

9.2. Delivery charges
Delivery charges, the amount of which is calculated at the time of the order, are invoiced to the Customer; the amount is due on the day of the order, in the same way as the sale price of the Product(s) ordered.

9.3 Delivery times
Delivery times are specified when ordering the Products.
They are generally set between 8 and 10 weeks from the effective payment of the total price of the order. The delivery periods thus start to run only as from the date of effective reception of the payment by MW&Co, what MW&Co will be able to bring the proof by any means.

9.4 Delay of delivery
In application of the provisions of the article 114-1 of the French Code of the consumption, any delay of delivery exceeding 7 days and not due to a case of absolute necessity, will be able to involve the resolution of the sale by the Customer who, within 60 days wrought as from the date of delivery indicated on the order, will give up its order by registered letter with request for acknowledgement of delivery to be addressed to MW&Co (17 rue des Arts – 31000 Toulouse), will return the Products if they were delivered in the meantime and will receive from MW&Co at the latest within 30 days the restitution of its payment, with the exclusion of any other compensation.

10) Guarantees of the Products

10.1. Legal warranties.

10.1.1. Guarantee of the hidden defects.
MW&Co guarantees its Products against the hidden defects under the conditions envisaged in articles 1641 to 1649 of the French Civil code, in particular:
Article 1641: “The salesman is held of the guarantee because of the latent defects of the sold thing which make it unsuitable with the use for which one intends it, or which decreases so much this use, that the purchaser would not have acquired it, or would have given only one less price of them, if they had known them”.
It is recalled that the action for cancellation of the sale for latent defect must be brought by the Customer within two years from the discovery of the defect.

In execution of the legal warranty for hidden defects, the Customer must return the Product to MW&Co by parcel with acknowledgement of receipt to SAV – MW&Co (17 rue des Arts – 31000 Toulouse) and if MW&Co accepts to make it play, the Customer will be able to obtain, free of charge, the repair or the refunding of the defective Product at the latest in 30 (thirty) days after the return of the aforementioned Product to MW&Co.

10.1.2. Guarantee of conformity.
The Customer also profits from the guarantee against the defects of conformity envisaged by the French Code of the consumption and in particular of the following articles:
Article L217-4: “The salesman delivers a good in conformity with the contract and answers for the defects of conformity existing at the time of the delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility.
Article L. 217-5: The good is in conformity with the contract:
1° If it is fit for the purpose usually expected of a similar good and, if applicable :
– if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;
– if it presents the qualities that a purchaser can legitimately expect taking into account the public declarations made by the salesman, by the producer or by his representative, in particular in publicity or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is fit for any special purpose sought by the buyer, brought to the attention of the seller and accepted by the latter.
It is reminded that the action resulting from the defect of conformity is prescribed by two years as from the delivery of the good.

In execution of the legal guarantee of conformity, the Customer will have to turn over the Product to MW&Co by parcel with acknowledgement of delivery to SAV – MW&Co (17 rue des Arts – 31000 Toulouse) and if MW&Co accepts to make it play, the Customer will be able to obtain, without expenses, the exchange (if this one is possible) or the refunding of the nonconforming Product at the latest in 30 (thirty) days after the return of the aforementioned Product to MW&Co.

10.2 Contractual guarantee
In addition to the legal warranties mentioned above, MW&Co offers, for a period of 2 years from the date of delivery of the Product, a contractual warranty against any malfunction of the watch movement and of any part of it, with the express exception of the strap and the glass which are not covered by the warranty.
Under its contractual warranty, once the diagnosis has been made, MW&Co will repair and/or replace any defective part of the Product, including parts and labor, as well as any shipping and forwarding costs, which are at MW&Co’s expense.
The contractual guarantee applies only if the defect does not result from :
– a latent defect or non-conformity, as referred to in Article 10.1 above,
– the consequence of maintenance carried out by a natural or legal person other than a MW&Co approved service and maintenance center. Therefore, in order for the contractual liability to apply, it is imperative that the Customer carries out maintenance once every 3 (three) years by a center approved by MW&Co.
– any misuse or negligence by the Customer, in particular following an error of handling having led to the introduction of moisture or dust in the mechanism, but also any non-conforming use of the Product or in conditions necessarily having an impact on its operation and/or its components,
– any intentional or accidental act, such as a fall, a shock, a disaster causing a total or partial breakage or a simple disruption of the movement,…

In execution of the contractual guarantee, the Customer will have to return the Product to MW&Co by parcel with acknowledgement of receipt to SAV – MW&Co (17 rue des Arts – 31000 Toulouse) and if MW&Co accepts to make it play, the Customer will be able to obtain, free of charge, the repair of the Product at the latest in 30 (thirty) days after the return of the aforementioned Product to MW&Co.

11) Customer Service

For any information or question, the Customer Service of MW&Co is at the disposal of the Customer, reachable:
– By the means of the heading “Contact” of the Site (the Customer will be called back as soon as possible)
– By e-mail: serviceclients@mwandco.com
– By post at the following address MW&Co Customer Service 17 rue des Arts – 31000 Toulouse – France.

12) Responsibility

MW&Co cannot be held responsible in case of non-performance or poor execution of the contract due to the Customer (misuse of the Product, inappropriate use, non-compliance with the instructions for use and maintenance, etc., without this list being restrictive), or to the insurmountable and unforeseeable act of a third party to the contract, or to force majeure.
MW&Co commits itself to respect all the applicable provisions in force in France, and could not be held for person in charge for non respect of the regulatory and legislative provisions in force in the other countries.
MW&Co could not be to in no case held responsible for the non-fulfilment of the order in the event of cause beyond control. Of convention express, are also regarded as cases of absolute necessity: unavailability of the product, disturbances, strikes (in particular of the carriers), flight or loss by the carrier, natural disasters, war, riots, fire, out-of-stock condition, all other natural disaster, even if the conditions of unforeseeability, irresistibility and exteriority are not filled. As regards the products bought to satisfy the professional needs, MW&Co will incur no responsibility for all indirect damage because of present, loss of exploitation, loss of profit, damage or expenses, which could occur.

13) Intellectual property

All the elements of the Site, the mark “MW&Co”, the drawings and models attached to the Products and creations, the logos, the slogans, the photographs and reproductions, the catalogs, the commercial and advertising documents are the intellectual and exclusive property of MW&Co. Nobody is authorized to reproduce, to exploit, to repeat, or to use with some title that it is, even partially, of the elements of the Site or the documents above, that they are software, visual or sound or that it is the contents.

14) Settlement of disputes

These GTC are subject to French law in accordance with Article 3 of the Community Directive of 15/06/2000 and the recommendation of the International Chamber of Commerce of 1996, unless the Customer wishes to invoke an imperative rule of the legislation of his country which would be more favorable to him.
In the event of legal proceedings, the jurisdiction will be that of the residence of the defendant, since MW&Co has an activity of sale of movable goods in cash.

CGV in force as from the 15/06/2018