Cresus Terms and Conditions of Sale


Last updated on 17/11/2020


It is hereby specified that the present terms and conditions govern exclusively the sales by Crésus. The present general terms and conditions of sale apply exclusively between the company Crésus and its subsidiaries and any person visiting or making a purchase via the website www.cresus.fr and cresuswatches.com. These products are sold second-hand. These conditions apply to the exclusion of all other conditions, in particular those in force in the stores.

Any Internet user can take note of the general conditions of sale on the site www.cresus.fr. These general conditions of sale being able to be the subject of modifications, the applicable conditions are those in force on the site at the date of placing your order. By placing an order, the customer expressly accepts these conditions. The acceptance of the Client's order by Crésus is materialized by the sending of an Order Confirmation to the Client. The Client must check the Order Confirmation and immediately notify Crésus of any error or anomaly. Otherwise, Crésus will deliver the product in accordance with the Order Confirmation, which will be binding on the Client.

 

ARTICLE 1 - PRICES


The prices of our products are indicated in euros all taxes included (VAT + other taxes) except participation in the expenses of treatment and forwarding. The prices of our products are public prices. In the event of order towards another country than metropolitan France, the possible expenses of customs or local taxes will be the responsibility of the recipient. All orders, whatever their origin, are payable in Euros. Cresus reserves the right to modify its prices at any time, but the products will be invoiced on the basis of the prices in force at the time of the registration of the orders. The price to be paid by the Customer is indicated on the Order Confirmation and the invoice. The Products remain the property of Cresus.fr until full payment is received by Cresus. Payment is made before the Products are delivered.

Despite our best efforts, it is possible that a small number of the hundreds of items listed on our site contain a pricing error. Rest assured, however, that we will check the prices during the shipping process. If the corrected price is lower than the price on the site, we will apply the lower price and send your item to you. If the corrected price is higher than the price displayed on the site, we will inform you and proceed to cancel your order unless you choose to accept the order at the new price.

 

ARTICLE 2 - ORDERING


On the Internet: www.cresus.fr. The contractual information is presented in French language and will be the subject of a confirmation taking again this contractual information at the latest at the time of the delivery. Cresus.fr reserves the right to cancel or refuse any order from a customer with whom there is a dispute over payment of a previous order.

All client orders are firm and definitive as of their receipt by Cresus.

For your security, payments by credit card are subject to special attention. We systematically verify that the information we have at our disposal matches. Crésus reserves the right to request a photocopy of the buyer's identity card and proof of address for all orders. These measures allow us to effectively fight against the fraudulent use of your means of payment.

Any subsequent changes to the order for any reason whatsoever, particularly in terms of merchandise or delivery times, must be made in writing and are only possible with the express prior agreement of Cresus.

 

ARTICLE 3 - VALIDATION


You declare that you have read and accepted the present general conditions of sale before placing your order. The validation of your order is thus worth acceptance of these General Conditions of Sale. Unless proven otherwise, the data recorded by cresus.fr constitutes proof of all transactions between cresus.fr and its customers.

 

ARTICLE 4 - AVAILABILITY


Our product offers and prices are valid as long as they are visible on the site, within the limits of available stocks. Our product offers are proposed within the limits of available stocks.

Indications on the availability of products are provided to you at the time of placing your order. In the event that a product is unavailable after you have placed your order, Crésus will indicate a new delivery date without delay and by all means, as soon as we receive the information. In this case, the Client may cancel the order and be reimbursed for any deposit paid to Crésus.

The reimbursement will be made, at Cresus' discretion, by crediting the client's bank account or by check within thirty days of the payment of the sums paid by the client.

In the event that a product is unavailable, Cresus may deliver to the Client another product of equivalent quality and price to the one initially ordered, subject to the Client's express agreement.

In the event of default, Cresus reserves the right to cancel all or part of the orders already paid for and in this case undertakes to reimburse the Client by any means for any sums already paid.

 

ARTICLE 5 - DELIVERY


The products are delivered to the delivery address that you have indicated during the ordering process (outside Switzerland). The delivery time is 7 working days from the reception of the payment (21 days for the payment by bank check). They correspond to usual average times and correspond to the processing and delivery times for metropolitan France.

In case of delay of delivery, the customer can contact the customer service of cresus.fr at 04.72.32.20.00 or by email at contact@cresus.fr. The Client may cancel the Sales Order if it is not delivered within seven working days following the delivery date indicated by Cresus.fr, unless the delay in delivery is due to force majeure as defined by the jurisprudence of the French Courts. Within 10 working days following the Customer's request for cancellation, Cresus.fr will make a request to its bank for reimbursement of the Customer. Cresus.fr cannot be held responsible for the consequences due to a delay in delivery. Any possible overtaking of the delivery date due to a delay of routing could not give place to damages, withholding or cancellation of the order by the purchaser. The Customer must indicate on the delivery note, before any signature, any missing, damaged or non-compliant package or Product.

The order will be processed upon receipt of payment. The time required to validate the payment and to ship the order varies according to the payment method chosen.

The delivery costs are applicable according to the information indicated on the site. Cresus.fr reserves the right to modify its delivery rates at any time, but delivery charges will be invoiced on the basis of the rates in effect at the time of order registration.

 

ARTICLE 6 - PAYMENT


The payment of your purchases is made in cash:

either by bank cards: Visa, MasterCard, credit cards

or by check

or by bank transfer

or by money order : for a maximum amount of 1000 € delivery included.

or by Paypal

by credit with our partner Banque Casino (see specific conditions)

The check, money order or bank transfer must be received by Crésus within 8 working days, otherwise the availability indicated at the time of the order will no longer be guaranteed. Crésus will advise the client of the new delivery time if necessary. If the check, money order or bank transfer does not reach Crésus within 8 days, the order will be automatically cancelled.

The 3-4 times by card, without fees is a service reserved for individuals residing in metropolitan France, which allows you to make a payment in three or four times without extra charge or interest. This solution is available in stores as well as on the website for a purchase between 100€ and 8000€. A mandatory cash payment by card equal to one third (payment in 3x) or one quarter (payment in 4 times) of the purchase amount is required. The balance is payable in 2 or 3 equal monthly payments, without interest. Payment by credit card in several installments without fees is a solution that we offer with our partner Banque Casino. The delivery of your article will be triggered upon validation of payment within 48 hours (working days).

Unless Cresus expressly agrees to an extension of the due date shown on the invoice, any delay in payment will result in the immediate and automatic payment of all sums owed by the Customer, regardless of the method of payment, the application of late payment penalties set at one and a half times the legal interest rate in force on the due date, with any month begun being owed in full, and the invoicing of a flat-rate sum of 15 euros per file as a penalty clause. In addition, Cresus reserves the right to suspend or terminate all current orders of the Customer, after sending a formal notice which has remained unsuccessful. The amount of the late payment interest may be deducted by operation of law from any discounts, rebates or discounts specially granted by Cresus.

 

ARTICLE 7 - REFUND


You have a period of 14 days from the date of receipt of the products to request a refund in the cases referred to in Articles 8 and 9. In the event of exercising the right of withdrawal, CRESUS will refund the sums paid within 14 days (21 days in the case of payment by cheque) of the date on which.

CRESUS is informed of your decision to withdraw. This refund date may be deferred until the product has been recovered or until you have provided proof of shipment of the product, whichever comes first.

The refund will be made by the same method of payment as for the purchase. However, if you agree, Cresus may use another method of payment at no additional cost to you.

In the case of a reservation with pick-up in a store, the 14-day withdrawal period does not apply.

No cash on delivery will be accepted, whatever the reason.

 

ARTICLE 8 - SATISFIED OR REFUNDED


You have a period of 14 days from the date of receipt to return the product that does not suit you. Returns must be made to Cresus, BP2222 69213 Lyon Cedex 02, in their original packaging, complete (accessories, instructions...) in perfect condition, and accompanied by a copy of the invoice. Items returned incomplete, damaged or soiled by the Customer will not be accepted. Reimbursement will be deferred until the goods are received.

If you have exceeded the 14-day legal deadline, Cresus may, on a case-by-case basis, take back your goods and credit your customer account with the corresponding value.

In all cases, the return costs are at the customer's expense.

IMPORTANT: The product(s) must be returned using the same courier and under the same warranty conditions. If you have any questions, do not hesitate to contact us at +33 (0)4 72 32 20 00.

 

ARTICLE 9 - CONFORMITY OF THE PRODUCTS


We commit ourselves to exchange the defective products or those that do not correspond to your order. In this case, we thank you to make a detailed statement in writing and to send us back the product(s). Cresus will proceed, at your choice, to the exchange of the product or products. The request must be made within fourteen working days of delivery. Any claim made outside this period will not be accepted.

The shipping costs will be reimbursed on the basis of the invoiced rate and the return shipping costs will be reimbursed for French residents only (excluding DOM and TOM).

In any case you benefit from the provisions of the legal guarantee, in particular those relating to the guarantee of hidden defects.

The provisions of this article do not prevent you from benefiting from the right of withdrawal (satisfied or reimbursed) provided for in Article 8.

 

ARTICLE 10 : SECURITY

Our site is subject to a security system: we have adopted the SSL encryption process but we have also strengthened all the scrambling and encryption processes to protect all the sensitive data related to the means of payment as effectively as possible.

ARTICLE 11 - CUSTOMER SERVICE

For any information or question, our customer service is at your disposal:

Tel: 04 72 32 20 00 (Monday to Friday from 9:00 am to 6:30 pm and Saturday from 9:00 am to 6:00 pm)

Address: Cresus - 29 rue Gasparin, 69002 Lyon

contact@cresus.fr

 

ARTICLE 12 - INTELLECTUAL PROPERTY


All texts, comments, works, illustrations and images reproduced on the cresus.fr website are reserved under copyright law and intellectual property law for the entire world. In this respect and in accordance with the provisions of the Intellectual Property Code, only use for private purposes is permitted, subject to different and even more restrictive provisions of the Intellectual Property Code. Any total or partial reproduction of the cresus.fr site is strictly forbidden.

 

ARTICLE 13 - RESPONSIBILITY 


The products offered are in conformity with the French legislation in force. The responsibility of cresus.fr cannot be engaged in case of non respect of the legislation of the country where the products are delivered. It is up to you to check with the local authorities the possibilities of importing or using the products that you plan to order. The photos are communicated for illustrative purposes. We invite you to refer to the description of each product to know the precise characteristics; and in case of doubt or if you wish additional information, do not hesitate to contact us.

In case of obvious error between the characteristics of the product and its representation and / or conditions of sale, cresus.fr can not be held responsible.

In case of hypertext links pointing towards other sites from cresus.fr, cresus.fr will not be responsible for the content of the information provided on these sites after activation of these links.

In case of professional purchases, cresus.fr will not be liable for any indirect damage, operating loss, loss of profit, loss of opportunity, damage or expenses.

 

ARTICLE 14 - WARRANTY


All watches purchased from Cresus are guaranteed for 2 years (1 year for Vintage watches) from the date on the invoice. During the warranty period, Cresus undertakes to repair free of charge any manufacturing defects existing at the time the watch is delivered and any breakdowns.

However, the warranty on a watch does not cover

a problem caused by an accident,

a problem caused by water,

a problem caused by improper handling,

a problem caused by lack of care or interventions by unauthorized third parties as well as any consequential damage due to this.

wear or damage to the battery, bracelet, case and glass, pushers and crown.

The warranty + :

Cresus offers an additional 1-year warranty extension on watches purchased from Cresus (on our website or in store).

The warranty + covers the same clauses as the classic 2-year warranty.

The warranty + is not transferable.

Excluded from the warranty are

Watches belonging to our Vintage category (1 year warranty).

Watches with grand complications (Tourbillon, Perpetual Calendar and Grandes Sonneries)

Jewelry and leather goods are not covered by the Cresus guarantees

 

ARTICLE 15 - APPLICABLE LAW - DISPUTES


This contract is subject to French law.

The language of this contract is French.

In the event of a dispute, the French courts within the jurisdiction of the company's registered office shall have exclusive jurisdiction.

 

ARTICLE 16 - PERSONAL INFORMATION 


Cresus undertakes not to divulge to third parties the information that you provide. This information is confidential. It will only be used to process your order and to reinforce and personalize the communication and product offer reserved for cresus.fr customers, in particular through the cresus.fr newsletters to which you have subscribed, as well as in the context of personalizing the site according to your centers of interest. However, when you visit cresus.fr from certain cresus.fr partner sites and are identified as such, data concerning you may exceptionally be communicated to them. To find out what information about you they may have stored, we invite you to contact the partner site from which you came. If you do not wish it, indicate it to us via the addresses below. Consequently, in accordance with the law on data processing and freedom of January 6, 1978, you have the right to access, rectify and oppose personal data concerning you. To do so, simply send us a request online: contact@cresus.fr or by mail, indicating your name, first name, address and if possible your customer reference:

 

Cresus

Customer Service

29 rue Gasparin

69002 Lyon

Our site is also designed to be particularly attentive to the needs of our customers. This is one of the reasons why we use cookies. The purpose of the cookie is to indicate your visit to our site. Cookies are therefore only used by cresus.fr in order to improve the personalized service that is intended for you.

 

ARTICLE 17 - SPECIAL CONCIERGE SERVICE


Cresus offers its customers a special concierge service which consists of Cresus searching for specific watches in the range that Cresus offers.

You can benefit from this service either in one of our boutiques or remotely.

 

17.1.1. Concierge Service Agreement


If you wish to take advantage of the in-store concierge service, you will need to fill out an order form that contains the following:

₋ The precise model of the watch you are looking for, the manufacturer's reference, as well as any optional elements you wish to specify such as the color of the dial, the type of bracelet (leather, steel, or other), etc.

₋ The price validated in consultation with the Cresus concierge service or an advisor in store within a range of + or - 10%,

₋ The elements to be supplied with the watch: the customer will be able to choose from the following possibilities:

Box,

Paper,

Box and papers,

No preference.

The signature by you of the order form is equivalent to a service contract under the terms of this article 17.1.1. The conclusion of this contract also implies acceptance of our General Conditions of Sale.

In addition, under this service contract, you :

₋ will give your express consent to the commencement of the performance of the service,

₋ will waive your right of withdrawal pursuant to Article L221-28 par.1 of the Consumer Code,

₋ pay the price of the concierge service, i.e. 500 euros including VAT.

 

17.1.2 Purchase Agreement


In conjunction with the signing of the Purchase Order referred to above, you will make a deposit of 20% of the average price of the price range as set out in the Purchase Order referred to above.

Cresus will issue a receipt to confirm payment of the deposit. The payment of the deposit and the issuance of the receipt shall constitute the conclusion of a purchase agreement with conditions as set forth in the aforementioned purchase order and in this Article 17.1.2, as well as the acceptance of our General Terms and Conditions of Sale.

The above-mentioned conditions are the identification of the watch according to the criteria mentioned in the order form and the purchase price range.

The payment of the price of the service and the deposit of the price of the watch will allow the beginning of the search for the watch.

In the event that you validate in writing the watch identified by Cresus on at least 3 photos of the said watch, its price and its description, the conditions of purchase are deemed to be met. You will then have to pay, before the delivery of the watch, the balance of the final price of the watch, minus the amount of the deposit paid.

As a reminder, you do not have the right of withdrawal, as the purchase contract is concluded in our establishment.

 

17.1.3 In the event that the watch sought according to the criteria described in the order form cannot be identified within 30 days of the payment of the deposit of the price of the watch, the purchase contract will be terminated and Cresus will reimburse you for this deposit, as well as the price of the concierge service.

17.1.4 In the event that you refuse to accept the watch identified by Cresus even though the criteria set out in the order form have been met, the purchase contract will be terminated but Cresus will retain the deposit which will be credited to your account for future purchases or will be refunded to you upon your express written request.

In addition, Cresus will retain the price of the concierge service.

 

17.2 REMOTE CONCIERGE SERVICE


17.2.1 Concierge Service Agreement


If you wish to benefit from this service remotely, you must send your request on the Internet (www.cresus.fr) or by e-mail to the following address (conciergerie@cresus.fr).

The application must contain at least the following:

₋ The precise model of the watch you are looking for, the manufacturer's reference, as well as any optional elements you wish to specify such as the color of the dial, the type of bracelet (leather, steel or other), etc.

₋ The price validated in consultation with the Cresus concierge service within a range of + or - 10%)

₋ The elements to be supplied with the watch: the customer will be able to choose from the following possibilities:

Box,

Paper,

Box and Paper,

No preference.

The price of the service is fixed and equal to 500 euros TTC

As soon as you and Cresus agree on the above elements of the request and on the price of the service by exchange of e-mails, the contract relating to the concierge service is deemed to be concluded according to the terms of this article 17.2.1. The conclusion of this contract also implies acceptance of our General Terms and Conditions of Sale.

For the purposes of good management, Cresus will send you a summary of the terms and conditions of the service contract in order to avoid any ambiguity regarding its content.

In addition, under this Service Agreement, you will:

₋ will give your express consent to the commencement of the performance of the service,

₋ waive your right of withdrawal pursuant to Article L221-28 par.1 of the Consumer Code

₋ pay the price of the concierge service, i.e. 500 euros including VAT, in order to allow the execution of the service.

 

17.2.2 Purchase Agreement


In conjunction with the signing of the above purchase order, you will make a down payment of 20% of the average price of the price range as indicated in the above purchase order.

Cresus will issue a receipt to confirm payment of the deposit.

The payment of the deposit and the issuance of the receipt shall constitute the conclusion of a purchase agreement with conditions as set forth in the aforementioned purchase order and in this Article 17.2.2, as well as the acceptance of our General Terms and Conditions of Sale.

The above-mentioned conditions are the identification of the watch according to the criteria mentioned in the order form and the purchase price range.

The payment of the price of the service and the deposit of the price of the watch will allow the beginning of the search for the watch.

 

In the event that you validate in writing the watch identified by Cresus on at least 3 photos of the said watch, its price and its description, the conditions of purchase are deemed to have been met. You will then have to pay, before the delivery of the watch, the balance of the final price of the watch, minus the amount of the deposit paid.

For the purpose of good management, Cresus will send you a summary of the terms and conditions of the purchase contract in order to avoid any ambiguity on its content.


17.2.3 In the event that the watch sought according to the criteria described in your request could not be identified within 30 days from the payment of the price of the service, the contract for the provision of services and the purchase contract will be terminated and Cresus will reimburse you the price of the concierge service and the deposit paid.


17.2.4 Refusal to purchase


In the event that the watch you are looking for according to the criteria described in your request has been identified but you refuse to purchase it on the basis of photographs, Cresus will retain the price of the concierge service, without prejudice to any claim Cresus may have for any damage suffered as a result of your refusal.

The purchase contract will be terminated and Cresus will refund the deposit paid.


17.2.5 Withdrawal 


In the event that you exercise your right of withdrawal and refuse to purchase the watch, then the purchase contract will be terminated and Cresus will refund the purchase price upon receipt of the watch sent by you and will retain the watch for resale without any claim from you.

Cresus will retain the price of the concierge service.

 

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