Terms and Conditions of Sale and Use
The website band-loop.com (whose URL is www.band-loop.com/) has been created by the company MY-MONTRE.com, which operates this website. Placing an order for a product featured on the passant-de-montre online store website implies prior consultation of these general terms and conditions of sale. Therefore, the consumer acknowledges being fully informed that their agreement regarding the content of these general terms and conditions of sale does not require their handwritten signature, as the customer wishes to order the products presented in the online store section of the website.
The consumer has the option to save these general terms and conditions of sale, and it is their sole responsibility to save this document.
The online store established by the company MY-MONTRE.com on the website provides the following information:
- Legal notice allowing precise identification of the passant-de-montre company.
- Presentation of the essential characteristics of the goods offered.
- Indication, in Euros, of the price of the goods, as well as, where applicable, the delivery costs.
- Indication of the payment, delivery, or performance methods.
- The existence of a right of withdrawal (See Article 16).
- The duration of the offer or the price.
- The conditions for terminating the contract when it is of indefinite duration or has a duration exceeding one year.
- All this information is presented in French. The consumer declares that they have full legal capacity to commit themselves under these general terms and conditions of sale.
Article 1: Entirety
These general terms and conditions of sale express the entire obligations of the parties. In this sense, the consumer is deemed to accept them without reservation. No general or specific condition appearing in the documents sent or delivered by the consumer can be incorporated into these terms and conditions.
Article 2: Purpose
These general terms and conditions of sale define the rights and obligations of the parties within the framework of the online sale of goods and services offered by the passant-de-montre company to the consumer.
Article 3: Contractual Documents
The present contract is formed by the following contractual documents, presented in descending hierarchical order: these general terms and conditions of sale and the order form. In the event of a contradiction between the provisions contained in the different documents, the provisions of the higher-ranking document shall prevail.
Article 4: Entry into Force - Duration
These general terms and conditions of sale enter into force on the date of registration of the order. That is to say, upon confirmation by the consumer when they check the box labeled "I accept the general terms and conditions and the privacy policy" when placing an order. These general terms and conditions of sale are concluded for the duration necessary for the supply of the subscribed goods and services, until the warranties due by the passant-de-montre company have expired.
Article 5: Orders
You can place an order online at: https://www.band-loop.com/
The contractual information is presented in French and will be confirmed at the latest at the time of order validation.
The passant-de-montre company reserves the right not to record a payment and not to confirm an order for any reason, particularly in the event of a supply problem or a difficulty regarding the order received.
Article 6: Electronic Signature
The fact that the consumer checks the box on the order form labeled "I have read the general terms and conditions of sale and I unreservedly agree to them" constitutes an electronic signature that has the same value as a handwritten signature between the parties.
Article 7: Order Confirmation
The contractual information will be the subject of a confirmation by email at the latest at the time of delivery, or failing that, at the address indicated by the consumer on the order form.
Article 8: Transaction Proof
The computerized registers kept in the computer systems of the passant-de-montre company under reasonable security conditions will be considered as proof of communications, orders, and payments between the parties. Archiving of order forms and invoices is carried out on a reliable and durable medium that can be produced as evidence.
Article 9: Product Information
9-a: The passant-de-montre company presents the products for sale on its website with the necessary characteristics that allow compliance with Article L 111-1 of the Consumer Code, which provides consumers with the possibility of knowing the essential characteristics of the products they wish to purchase before placing a definitive order.
9-b: The offers presented by the passant-de-montre company are valid only within the limits of available stock.
Article 10: Price
Prices are indicated in Euros and are valid only on the day of sending the order form by the consumer. They take into account the delivery costs and are indicated before order validation. The prices include the applicable VAT rate on the day of the order, and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store. The full price must be paid when ordering. At no time can the amounts paid be considered as down payments or installments.
Article 11: Payment Method
To pay for their order, the consumer may choose from the various payment methods provided for in the order form. The consumer guarantees the passant-de-montre company that they have the necessary authorizations to use the chosen payment method when validating the order form. The passant-de-montre company reserves the right to suspend any order processing and delivery in the event of refusal of payment authorization by credit card from officially accredited organizations or in the event of non-payment. The passant-de-montre company reserves, in particular, the right to refuse to make a delivery or to honor an order from a consumer who has not fully or partially paid a previous order or with whom a payment dispute is being administered. The passant-de-montre company has implemented an order verification procedure to ensure that no one uses another person's banking details without their knowledge.
Article 12: Product Availability
The order will be executed within a maximum period of 3 days from the day following the consumer's order. In the event of unavailability of the ordered product, particularly due to the suppliers of the passant-de-montre company, the consumer will be informed as soon as possible and will have the option to cancel their order. The consumer will then have the choice to request either a refund of the amounts paid within 30 days of their payment, or the exchange of the product, or to wait for restocking, if applicable.
Article 13: Validation of Your Order
Any order appearing on the passant-de-montre website implies full acceptance of these General Terms and Conditions. Any order confirmation implies the consumer's full and unreserved adherence to these general terms and conditions of sale, without exception or reservation.
All the data provided and the recorded confirmation will constitute proof of the transaction. You declare that you have perfect knowledge of this. The order confirmation will be considered as a signature and acceptance of the operations carried out. A summary of the information for your order will be communicated to you via the email address confirming your order.
Article 14: Returns
All our products benefit from the legal guarantee of conformity and the guarantee against hidden defects, as provided for in articles 1641 and following of the Civil Code. In the event of non-conformity of a product sold, it can be returned, exchanged, or refunded.
All complaints, exchange requests, or refund requests must be made through the consumer's personal account within 30 days of delivery.
The products must be returned to us in the condition in which you received them, with all elements (accessories, packaging, instructions, etc.).
The return and exchange costs are borne by the consumer. For any exchange, a new payment request for shipping costs will be sent to you via PayPal.
These provisions do not prevent you from exercising your right of withdrawal as provided for in Article 16.
Article 15: Delivery Terms
The products are delivered to the address indicated by the consumer on the order form. The consumer is responsible for checking the condition of the packaging and the goods upon delivery and for reporting any damage caused by the carrier on the delivery note, as well as to the passant-de-montre company, within one week (see Article 16). At the consumer's request, an invoice can be sent to the billing address rather than the delivery address by selecting the appropriate option on the order form. Once the passant-de-montre company has shipped an order, the consumer will immediately receive an email notification.
If the delivery address provided to passant-de-montre does not allow the postal service to deliver the package to its final destination, passant-de-montre is in no way responsible. In this case, passant-de-montre will contact you to propose several options: resending the package to a valid and different address, subject to additional shipping costs, or refunding the order amount excluding shipping fees.
LA POSTE
To minimize transportation costs, all low or medium bulk products are shipped in bubble envelopes. In addition to being economical, this type of envelope is quickly delivered throughout France and internationally. However, as with all shipments, there may be a delivery delay or the product may get lost. In the event of a delivery delay compared to the date indicated in the email dispatch notification, we ask that you inform us of this delay by sending an email. We will then contact La Poste to initiate an investigation. A La Poste investigation can take up to 21 days from the start date of the investigation. If during this period, the product is found, it will be immediately delivered to your home (in the majority of cases). If, on the other hand, the product is not found within the 21-day investigation period, La Poste considers the package as lost. Only then can we send you a replacement product at our expense. If the ordered products were no longer available at that time, we would refund the amount of the products concerned by the loss of the carrier. If the product(s) were still available, but had changed the sale price on the site, we would apply the new sales price, either by refunding you the difference, or by asking you to pay the balance if the new sale price was higher. We decline all responsibility for the lengthening of delivery times due to the carrier, especially in the event of loss of products or a strike.
CHRONOPOST
For Chronopost shipments, packages are dispatched with a tracking number that we will provide you with by email. Regardless of the shipping method chosen, we will provide you with a link to track your package online.
Shipping costs include packing, handling, and postage. They may contain a fixed part and a variable part depending on the price or the weight of your order. We advise you to group your purchases in a single order. We cannot group two separate orders and you will have to pay shipping costs for each of them. Your package is shipped at your own risk, but special attention is paid to fragile items.
Box sizes are appropriate and your items are properly protected.
Article 16: Right of Withdrawal
In accordance with the provisions of Article L. 221-18 et seq. of the Consumer Code, the consumer has a period of 14 days from the date of receipt of their order to exercise their right of withdrawal and return the product to the passant-de-montre company for exchange or refund without penalty, except for the return shipping costs.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be remarketed in new condition; they must be accompanied by a copy of the purchase invoice for optimal processing. Damaged, soiled, or incomplete products are not accepted.
The right of withdrawal can be exercised online by contacting the passant-de-montre company at the email address indicated in the "Contact" section of the website, or by sending a withdrawal form to the passant-de-montre company at the address indicated in the legal notices section of the website.
In the event of exercising the right of withdrawal within the aforementioned period, only the price of the product(s) purchased and the shipping costs will be refunded; the return shipping costs remain the responsibility of the consumer. The exchange (subject to availability) or refund will be made within 14 days from the receipt by the passant-de-montre company of the products returned by the consumer under the conditions provided for in this article.
Article 17: Force Majeure
Neither party will have failed in its contractual obligations, insofar as their execution is delayed, hindered, or prevented by a fortuitous event or force majeure. Force majeure is considered to be any irresistible fact or circumstance, external to the parties, unpredictable, unavoidable, independent of the will of the parties, and which cannot be prevented by them, despite all reasonably possible efforts. The party affected by such circumstances will notify the other within ten working days of the date on which it becomes aware of them.
The two parties will then get together, within one month, unless this is impossible due to force majeure, to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued. If the force majeure event lasts for more than three months, these general terms and conditions may be terminated by the injured party.
Article 18: Intellectual Property
All elements of the passant-de-montre company's website are and remain the exclusive intellectual property of the passant-de-montre company. Nobody is authorized to reproduce, exploit, rebroadcast, or use in any capacity, even partially, elements of the site, whether software, visual, or sound. Any simple or hypertext link is strictly prohibited without the express written consent of the passant-de-montre company.
Article 19: Personal Data
In accordance with the Data Protection Act of January 6, 1978, you have the right to access, rectify, modify, and delete data concerning you. You can exercise this right by sending us an email or by mail. We undertake not to communicate, free of charge or in return, the details you have given us to any third party.
Article 20: Applicable Law and Jurisdiction
These general terms and conditions of sale are subject to French law. In the event of a dispute, jurisdiction is assigned to the competent courts of Paris, notwithstanding multiple defendants or third-party claims.
If any of the provisions of these general terms and conditions of sale were to be declared null and void by a court decision, this nullity would not extend to the other provisions, which would continue to have full effect.
Article 21: Force Majeure
Neither party shall be deemed to have failed in their contractual obligations to the extent that their performance is delayed, hindered, or prevented by a fortuitous event or force majeure. Fortuitous event or force majeure shall be considered any irresistible, external circumstances beyond the parties' control, unforeseeable, inevitable, and independent of the parties' will, which cannot be prevented despite all reasonable efforts. The party affected by such circumstances shall notify the other party within ten business days from the date on which it becomes aware of them. The two parties shall then come together, within a period of one month, unless impossible due to force majeure, to examine the impact of the event and agree on the conditions under which the contract will be continued. If the force majeure event lasts for more than three months, the present general sales conditions may be terminated by the injured party. Expressly considered as force majeure or fortuitous events, in addition to those usually recognized by French court rulings: blocking of transportation or supply means, earthquakes, fires, storms, floods, lightning; the interruption of telecommunication networks or difficulties inherent in telecommunication networks external to the customers.
Article 22: Partial Non-Validation
If one or more provisions of these general sales conditions are deemed invalid or declared as such under a law, regulation, or as a result of a final decision by a competent court, the other provisions shall retain their full force and scope.
Article 23: Non-Waiver
The failure of either party to invoke a breach by the other party of any of the obligations set forth in these general sales conditions shall not be interpreted as a waiver of the obligation in question for the future.
Article 24: Heading
In the event of a difficulty in interpreting any of the headings appearing at the beginning of the clauses and any of the clauses themselves, the headings shall be declared null and void.
Article 25: Applicable Law
These general sales conditions are subject to French law. This applies to both substantive and formal rules. In the event of a dispute or claim, the consumer shall first contact the company band-loop.com to seek an amicable solution.
Article 26: Data Protection and Privacy
The information requested from the consumer is necessary for processing their order and may be disclosed to contractual partners of the company band-loop.com involved in the execution of this order. The consumer may write to the company band-loop.com, whose contact details are provided in the privacy policy within the website, to object to such communication or to exercise their rights of access and rectification concerning the information concerning them and appearing in the files of the company band-loop.com, in accordance with the provisions of the law of January 6, 1978. The consumer may also, as a priority, exercise their rights of access and rectification concerning the information concerning them through forms available in the "My Account" section, after identifying themselves on the band-loop.com online store website.