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General Terms and Conditions of Sales

 

CRESUS' GENERAL TERMS AND CONDITIONS OF SALES - Last update : 22/09/2017

These terms and conditions hereby exclusively govern sales by Cresus. These general terms and conditions of sale apply exclusively between Cresus and its subsidiaries and any person visiting or making a purchase via the www.cresus.fr and cresuswatches.com Internet sites. These products are sold as pre-owned items. These terms and conditions are applied to the exclusion of all others, namely those in effect in the shops. 

All Internet users can read these general terms and conditions of sale at the www.cresus.fr website. As these terms and conditions of sale can be modified, the conditions applicable are those in effect on the website on the date you place your order. When they place an order, the customer expressly accepts these terms and conditions. When Cresus accepts the customer's order, the customer is sent an order confirmation. The customer is to check the order confirmation and immediately inform Cresus in the event of an error or anomaly. Otherwise, Cresus will deliver the product as per the order confirmation, which is binding for the customer.

 

ARTICLE 1 - PRICE

The prices of our products are indicated in Euros with all taxes (VAT + other taxes) included. These prices do not include processing, shipping & handling fees. All of our prices include tax. In the event of an order from a country other than mainland France, any customs fees or local taxes are to be paid by the recipient. All orders, whatever country they originate from, are payable in Euros. Cresus reserves the right to modify its prices at any time but the products will be invoiced based on the prices in effect at the time the order is entered in our system. The price the customer is to pay is indicated on the order confirmation and on the invoice. The products remain the property of Cresus.fr until Cresus has received and cashed full payment. Payment is to be made prior to delivery of any products. 

Despite all of our efforts, a limited number of the hundreds of items on our website may include a price mistake. We hereby ensure customers that we check the price of the item when we are preparing to ship it to you. If the corrected price is lower than the price indicated on the website, we will apply the lower price and send you your item. If the corrected price is higher than the price indicated on the website, we will inform you and cancel your order unless you agree to the order at the new price.

 

ARTICLE 2 - ORDERS

On the Internet: www.cresus.fr. Contractual information is presented in French and is to be confirmed at the time of delivery at the latest. Cresus.fr reserves the right to cancel or refuse any order from a customer with whom there is a dispute regarding payment of a previous order. 

All orders from the customer are considered firm and final as soon as they are received by Cresus.
For your security, bankcard payments are handled with the utmost care. We consistently check that the information at our disposal matches up. Cresus reserves the right to request a photocopy of the purchaser's identity card as well as proof of address for all orders. These measures enable us to effectively combat any fraudulent use of your means of payment.
Any later modifications to the order, for any reason whatsoever, namely as regards the merchandise or the delivery times, must be put in writing and are possible only with the prior express consent of Cresus.

 

ARTICLE 3 - CONFIRMATION 

You hereby declare that you have read and accepted these general terms and conditions of sale before placing your order. By confirming your order, you accept these general terms and conditions of sale. Unless otherwise proven, the data recorded by cresus.fr constitute proof of all of the transactions carried out between cresus.fr and its customers.

 

ARTICLE 4 - AVAILABILITY

Our products and prices are valid as long as they are visible on the site, while supplies last. All of our products are offered while supplies last. 

Information regarding product availability is given to you when you place your order. Should a product become unavailable after you have placed your order, Cresus will, without delay, inform you of a delivery time as soon as information has been received. In such a case, the customer can cancel their order and have any down payment made to Cresus refunded.
Refunds will be paid either by credit on the customer's bank account or by check within thirty days following payment of the amount by the customer, at the discretion of Cresus.
If an item of merchandise is unavailable, Cresus can deliver to the customer other merchandise equivalent in quality and price to the merchandise initially ordered, subject to the customer's express consent.
In the event of default, Cresus reserves the right to cancel, in part or in whole, the orders already paid for. In such a case, Cresus promises to refund the customer any amounts of money that they have already paid.

 

ARTICLE 5 - DELIVERY

Products are delivered to the delivery address indicated during the order process. The delivery time is 7 business days following receipt of payment (21 days for payment by bank check). These are average standard delivery times for shipping and handling within mainland France. 

In the event of late delivery, the customer can contact the cresus.fr Customer Service Department at +33 (0)4 7 2 32 20 00 or by e-mail at contact@cresus.fr. The customer is entitled to cancel their order if it is not delivered within seven business days after the delivery date indicated by cresus.fr, unless this late delivery is due to a case of force majeure as ruled by the jurisprudence of French courts of law. Cresus.fr will ask its bank to refund the customer within 10 business days following the customer's request for a cancellation. Cresus.fr can in no way be held liable for any consequences resulting from a delay in delivery. The purchaser is not entitled to any damages or deductions, or to cancel their order in the event of late delivery due to transport delays. The customer must indicate any product or parcel that is missing, damaged or irregular on the delivery sheet before signing it.
Orders are processed as soon as payment is received. The time required to confirm payment and ship the order varies based on the method of payment chosen.
Delivery fees are applicable as per the information indicated on the site. Cresus.fr reserves the right to modify its delivery fees at any time. Delivery fees are to be invoiced based on the prices in effect at the time the order was processed.

 

ARTICLE 6 - PAYMENT

You can pay for your purchases directly via the following means:
-bankcard: Visa, MasterCard and debit cards
-check
-bank wire transfer
-postal money order
-Paypal
-On credit with our partner Cetelem (see specific conditions)

Checks, postal money orders, or bank transfers must be delivered to Cresus within 8 business days. Should payment arrive after 8 days, the availability of the product indicated at the time of the order will no longer be guaranteed. Cresus will inform the customer of the new delivery time if required. If the check, postal money order or bank transfer is not received by Cresus within 8 days, the order will be automatically cancelled.

Unless Cresus has given its express prior written consent for an extension of the due dates indicated on the invoice, any late payment entails, cumulatively, the following: immediate automatic payment of all sums owed by the customer, whatever the method of payment chosen, the application of late payment penalties equal to one and a half times the legal interest rate in effect in France at the time payment is due, with every month that has started being entirely due, and the invoicing of a penalty fee of 15 Euros per file. In addition, Cresus reserves the right to suspend or terminate all of the customer’s orders that are being processed following the sending of a formal notice that has gone without answer. The amount of late payment interest can be charged ipso jure to any rebates, discounts or reductions specially granted by Cresus.
The order can be paid for in its entirety using credit. In such a case, the customer chooses "payment in several monthly installments" when they place their order. As a result, current legislation on consumer credit applies, provided that the customer meets the requirements to obtain the financing (Cetelem Presto. see p.6).
 

ARTICLE 7 – REFUNDS

You have 14 days starting from the date you receive the products to request a refund for the reasons described in articles 8 and 9.
In the case of a reservation with pick-up in store, the 14-day withdrawal period does not apply. 

Reimbursement will be made by the same means of payment for the purchase. However, if you agree , Cresus may use another method of payment without additional cost to you. No cash-on-delivery (COD) shipments will be made for any reasons whatsoever.

 

ARTICLE 8 - MONEY-BACK GUARANTEE

You have 14 days starting from the date you receive the item to return any product that you find unsuitable. As per current legislation, you will be refunded for the product(s) and return shipping fees. Product returns are to be sent to Cresus, 29 rue Gasparin, 69002 Lyon, France in their full original packaging (including accessories, instruction manual, etc.) in perfect condition, along with a copy of the receipt. Items returned by the customer that are incomplete, damaged or fouled will not be taken back. 

Cresus.fr will refund the price within thirty days of the date of receipt of the withdrawal. Return costs are reimbursed for French residents (excluding overseas departments and territories ) exclusively. 

As per current legislation, Cresus.fr will refund the amount paid (minus the return shipping fees) with 30 days after receipt of the return request.

 

ARTICLE 9 - PRODUCT COMPLIANCE

We promise to exchange products that are defective or do not meet your satisfaction. In such a case, we ask you to please give us the detailed reasons in writing and send back the product(s). Cresus will exchange the returned item(s) for the product(s) of your choice. Requests for exchange must be made within fourteen business days after the product has been delivered to you. No claims made after this deadline will be accepted. 

The refund will be deferred until receipt of goods .

If you have exceeded the legal deadline of 14 days may Cresus case by case can take back your article and reimburse you on your customer account.

In any case, all return costs are the customer’s responsibility.

IMPORTANT: The product(s) must be returned using the same delivery company and the same warranty conditions. If you have any questions, feel free to contact us at +33 (0)4 72 32 20 00.

 

ARTICLE 10 : WEBSITE SECURITY

Our Internet site uses SSL encryption and we have enhanced all of our data scrambling and encryption processes for maximum protection of any sensitive data related to methods of payment.  

 

ARTICLE 11 - CUSTOMER SERVICE 

For any information or questions, please contact our Customer Service Department:

  • Phone: +33 (0)4 78 42 32 20 00 (Monday to Saturday from 10:00 am to 1:00 pm CET and from 2:00 to 6:30 pm CET)

  • Address: Cresus - 29 rue Gasparin, 69002 Lyon, France

  • contact@cresus.fr
     

ARTICLE 12 - INTELLECTUAL PROPERTY

All of the rights to the texts, comments, works, illustrations and images reproduced on the cresus.fr website are reserved and protected by intellectual property laws worldwide. In this respect and as per the provisions of the Intellectual Property Code, solely private use is authorized, subject to various provisions of the intellectual property code that may be more restrictive. Any reproduction of the cresus.fr website, in part or in full, is strictly prohibited.

 

ARTICLE 13 - LIABILITY  

The products on offer comply with current French legislation. Cresus.fr cannot be held liable in the event of failure to comply with the legislation of the country in which the products are delivered. The customer is responsible for confirming with local authorities whether or not it is possible to import or use the products they wish to order. Photos are provided for illustration purposes only. We ask you to read the descriptions for each product for information on their precise features. Should you have any doubts or require additional information, please contact us. 

Cresus can in no way be held liable in the event of a manifest error regarding product characteristics, representation of the product and/or the terms and conditions of sale.
In the event that there are hypertext links leading to third-party sites from the cresus.fr site, Cresus cannot be held liable for the contents of the information provided by these sites.
As regards purchases for professional purposes, cresus.fr can in no way be held liable for any indirect damages due to these general terms and conditions of sale, operating loss, loss of profits, loss of opportunity, damages or fees.

 

ARTICLE 14 - WARRANTY

All watches purchased at Cresus are covered by a one-year warranty starting from the date specified on the warranty certificate. During this one-year period, Cresus promises to repair, free of charge, any manufacturing defects that exist when the watch is delivered as well as any malfunctions. However, the warranty does not cover: 

  • problems caused by an accident

  • problems caused by water

  • problems caused by improper handling

  • problems caused by a lack of care or due to servicing by unauthorized third parties, as well as any subsequent damages resulting from such lack of care or unauthorized service. 

  • wear and tear or damage to the battery, watchband, case or crystal, push pieces and crown. 

 The Garantie + Extended Warranty: 

Cresus offers a one-year extended warranty on watches purchased on the website. The price of this warranty varies based on the price of the watch as follows:  

- Watches up to €1,200: €30 
- Watches from €1,200 to €3,000: €50
- Watches from €3,000 to €10,000: €90
- Watches over €10,000: €150

The Garantie + extended warranty covers the same defects and malfunctions as the standard one-year warranty. 
The Garantie + is not transferable.
The Garantie + is onyl available for the watch with a manufacture warranty lower then 2 years.
The bill uses the underwriting agreement and allow access for service.
 

ARTICLE 15 - PROPER LAW - DISPUTES

This contract is governed by French law. 

The original version of this contract is in French.
In the event of a dispute, the French courts of law in the locality of Cresus’ head office shall have sole jurisdiction.

 

ARTICLE 16 - PERSONAL DATA PRIVACY

Cresus promises not to disclose the personal information you provide it with to third parties. This personal information is confidential. It is to be used solely to process your order and to enhance and customize the communication and range of products intended for cresus.fr customers, namely via the cresus.fr newsletters you may subscribe to and in order to personalize the site to match your own specific interests. Nonetheless, when you go to cresus.fr from certain sites that are partners of cresus.fr and identified as such, your personal information may, on an exceptional basis, be transmitted to these sites. To find out what personal information they may have stored, please contact the partner site that you visited cresus.fr from. If you do not wish to do so, please inform us at the addresses below. As a result, as per the French Data Privacy Act of 6 January 1978, you have the right to access, correct and oppose your personal data. To do this, simply contact us online at contact@cresus.fr or by mail, indicating your last name, first name, address and, if possible, your customer reference number: 

Cresus
Customer Service
29 rue Gasparin
69002 Lyon

Our site has also been designed to be particularly attentive to the needs of our customers. For this reason, among others, we use cookies. Cookies are used to inform us that you have visited our website. At cresus.fr, cookies are used solely in order to improve our personalized customer service for you. 

 

 

In any case, all return costs are the customer’s responsibility.

IMPORTANT: The product(s) must be returned using the same delivery company and the same warranty conditions. If you have any questions, feel free to contact us at +33 (0)4 72 32 20 00.

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