Legal notices & B to B terms and conditions

 

Legal Notice

 

1. Presentation of the site.

Pursuant to Article 6 of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, users of the www.my-watchsite.fr website are informed of the identity of the various parties involved in its creation and monitoring:

 

Owner: My WatchSite - SAS - 10 rue des Moulins 75001 Paris

Creator: My-WatchSite

Publication manager: Frank Declerck - club@my-watchsite.com

The person responsible for publication is a natural or legal person.

Webmaster: Hugo Thinghino - webmaster@my-watchsite.com

Hosting : ONLINE - 8 rue de la ville l'Evêque - 75008 PARIS - France

 

2. General conditions of use of the site and services offered.

Use of the www.my-watchsite.fr website implies full and complete acceptance of the general conditions of use described below. These conditions of use may be modified or supplemented at any time, users of the www.my-watchsite.fr website are therefore invited to consult them regularly.

 

This site is normally accessible to users at any time. However, My-WatchSite may decide to interrupt it for technical maintenance, in which case My-WatchSite will endeavour to inform users in advance of the dates and times of the intervention.

 

The site www.my-watchsite.fr is regularly updated by Frank Declerck. In the same way, the legal notices may be modified at any time: they are nevertheless binding on the user, who is invited to refer to them as often as possible in order to take note of them.

 

3. Description of the services provided.

The purpose of the www.my-watchsite.fr website is to provide information concerning all of the company's activities.

 

My-WatchSite endeavours to provide on the www.my-watchsite.fr site information that is as precise as possible. However, it cannot be held responsible for omissions, inaccuracies and shortcomings in the updating, whether they are due to its own fault or to the third party partners who provide it with this information.

 

All the information indicated on the www.my-watchsite.fr website is given for information purposes only and is subject to change. Furthermore, the information on the www.my-watchsite.fr website is not exhaustive. It is subject to modifications that have been made since it was put online.

 

4. Contractual limitations on technical data.

The site uses JavaScript technology.

 

The website cannot be held responsible for any material damage related to the use of the site. Furthermore, the user of the site undertakes to access the site using recent, virus-free equipment and with a latest-generation, up-to-date browser.

 

5. Intellectual property and counterfeiting.

My-WatchSite is the owner of the intellectual property rights or holds the rights of use on all the elements accessible on the site, in particular the texts, images, graphics, logo, icons, sounds, software.

 

Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the site, whatever the means or process used, is forbidden, except with the prior written authorisation of My-WatchSite: My-WatchSite.

 

Any unauthorized use of the site or of any of the elements it contains will be considered as constituting an infringement and will be prosecuted in accordance with the provisions of articles L.335-2 and following of the Intellectual Property Code.

 

6. Limitations of liability.

My-WatchSite cannot be held responsible for any direct or indirect damage caused to the user's equipment, when accessing the www.my-watchsite.fr site, and resulting either from the use of equipment that does not meet the specifications indicated in point 4, or from the appearance of a bug or incompatibility.

 

My-WatchSite can also not be held responsible for indirect damages (such as for example a loss of market or loss of opportunity) resulting from the use of the site www.my-watchsite.fr.

 

Interactive areas (possibility to ask questions in the contact area) are available to users. My-WatchSite reserves the right to delete, without prior notice, any content deposited in this space which would contravene the legislation applicable in France, in particular the provisions relating to data protection. If need be, My-WatchSite also reserves the possibility of calling into question the civil and/or criminal liability of the user, in particular in the case of a message of a racist, insulting, defamatory or pornographic nature, whatever the medium used (text, photograph...).

 

7. Management of personal data.

In France, personal data is notably protected by law n° 78-87 of January 6, 1978, law n° 2004-801 of August 6, 2004, article L. 226-13 of the Penal Code and the European Directive of October 24, 1995.

 

When using the www.my-watchsite.fr site, the following may be collected: the URL of the links through which the user accessed the www.my-watchsite.fr site, the user's access provider, the user's Internet Protocol (IP) address.

 

In any case, My-WatchSite only collects personal information relating to the user for the need of certain services offered by the site www.my-watchsite.fr. The user provides this information with full knowledge of the facts, in particular when he enters it himself. It is then specified to the user of the website www.my-watchsite.fr the obligation or not to provide this information.

 

In accordance with the provisions of articles 38 and following of law 78-17 of 6 January 1978 relating to data processing, files and liberties, any user has the right to access, rectify and oppose personal data concerning him/her, by making a written and signed request, accompanied by a copy of the identity document with the signature of the holder of the document, specifying the address to which the reply should be sent.

 

No personal information of the user of the www.my-watchsite.fr website is published without the user's knowledge, exchanged, transferred, ceded or sold on any medium whatsoever to third parties. Only the hypothesis of the repurchase of My-WatchSite and its rights would allow the transmission of the said information to the possible purchaser who would in turn be bound by the same obligation of conservation and modification of the data with regard to the user of the site www.my-watchsite.fr.

 

The aforementioned site is declared to the CNIL under the number 1899928 v 0.

 

The databases are protected by the provisions of the law of 1 July 1998 transposing directive 96/9 of 11 March 1996 on the legal protection of databases.

 

The website cannot be held responsible for any material damage related to the use of the site. Furthermore, the user of the site undertakes to access the site using recent, virus-free equipment and with a latest-generation, up-to-date browser.

 

8. Hypertext links and cookies.

The site www.my-watchsite.fr contains a certain number of hypertext links to other sites, set up with the authorisation of My-WatchSite. However, My-WatchSite has no possibility to check the content of the sites thus visited, and consequently does not assume any responsibility for this fact.

 

Browsing on the site www.my-watchsite.fr is likely to cause the installation of cookie(s) on the user's computer. A cookie is a small file which does not allow the identification of the user, but which records information relating to the navigation of a computer on a site. The data obtained in this way is intended to facilitate subsequent navigation on the site, and is also intended to allow various measures of frequentation.

 

Refusal to install a cookie may result in the impossibility to access certain services. However, the user can configure his computer in the following way to refuse the installation of cookies:

 

Under Internet Explorer: tool tab (cog icon in the top right-hand corner) / internet options. Click on Confidentiality and choose Block all cookies. Validate on Ok.

 

Under Firefox: at the top of the browser window, click on the Firefox button, then go to the Options tab. Click on the Privacy tab. Set the Retention Rules to: use custom settings for history. Finally uncheck it to disable cookies.

 

Under Safari: Click on the menu icon (symbolized by a cog) at the top right of the browser. Select Settings. Click on Show Advanced Settings. In the "Privacy" section, click on Content Settings. In the "Cookies" section, you can block cookies.

 

Under Chrome: Click on the menu icon (symbolized by three horizontal lines) in the upper right-hand corner of the browser. Select Settings. Click on Show Advanced Settings. In the "Privacy" section, click on Preferences. In the "Privacy" tab, you can block cookies.

 

9. Applicable law and jurisdiction.

Any dispute in connection with the use of the www.my-watchsite.fr website is subject to French law. Exclusive jurisdiction is given to the competent courts of Paris.

 

10. The main laws concerned.

Law No. 78-17 of January 6, 1978, as amended by Law No. 2004-801 of August 6, 2004 relating to computers, files and freedoms.

 

Law no. 2004-575 of 21 June 2004 for confidence in the digital economy.

 

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General terms and conditions of sale B to B

 

MY WATCHSITE SAS as of January 1, 2015

 

Clause 1: Purpose

 

The general terms and conditions of sale described below detail the rights and obligations of the MyWatchsite company and its customer within the framework of the sale of the following products: Watches and accessories, Advertising, Film, Photo, Video, Web Site, Press kit, Motion design, Event, advice and more generally all commercial and traditional or digital communication operations.

 

Any contrary condition not accepted by the MyWatchsite company is not enforceable against it. The fact that MyWatchsite does not invoke one of these general terms and conditions of sale does not mean that MyWatchsite waives its right to invoke it at a later date. 

 

Any sale or service provided by MyWatchsite therefore implies the buyer's unreserved acceptance of these terms and conditions of sale.

 

Clause n° 2 : Price

 

The prices of the goods, products or services sold are those in force on the day the order is taken. They are denominated in euros and calculated net of tax. Consequently, they will be increased by the VAT rate and transport costs applicable on the day of the order.

 

MyWatchsite reserves the right to modify its prices at any time. However, it undertakes to invoice the goods, products or services ordered at the prices indicated when the order is registered.

 

Clause n° 3 : Discounts and rebates

 

The proposed rates include the discounts and rebates that MyWatchsite may grant in view of its results or the assumption of responsibility by the buyer for certain services.

 

Clause 4 : Discount

 

No discount will be granted for early payment.

 

Clause No. 5: Terms of payment

 

The payment of the orders is carried out:

 

- either by check;

 

- or by credit card;

 

- or by bank transfer ;.

 

When the order is registered, the buyer must pay a minimum deposit of 10% of the total amount of the invoice, the balance being paid upon receipt of the goods, products or services.

 

Clause n° 6 : Late payment

 

In the event of non-payment in whole or in part of the goods, products or services delivered on the day of receipt, the buyer must pay MyWatchsite a late payment penalty equal to three times the legal interest rate. The legal interest rate is the rate in force on the day of delivery of the goods, products or services. As from January 1st, 2015, the legal interest rate will be revised every 6 months (Ordinance n°2014-947 of August 20th, 2014).

 

This penalty shall be calculated on the amount, including tax, of the sum remaining due, and shall run from the due date of the price without the need for any prior formal notice.

 

In addition to the late payment penalties, any sum, including the down payment, not paid on its due date shall automatically give rise to the payment of an indemnity corresponding to the collection costs incurred.

 

Articles 441-6, I paragraph 12 and D. 441-5 of the French Commercial Code.

 

Clause no. 7: Resolutive clause

 

If within fifteen days following the implementation of the "Late payment" clause, the buyer has not paid the sums remaining due, the sale will be automatically cancelled and may give rise to an award of damages to the benefit of MyWatchsite.

 

Clause n° 8 : Retention of title clause

 

The MyWatchsite company retains ownership of the goods sold until full payment of the price, in principal and accessories. 

 

As such, 

 

- if the buyer is no longer in business, MyWatchsite remains the owner of the goods, products or services sold and unpaid. In the case of a sale of digital products (site, app...) the buyer must give the active access codes to the MyWatchsite company and facilitate the return to ownership of the products if they have been modified at the buyer's request for strategic and/or commercial reasons. 

 

- if the buyer is subject to receivership or judicial liquidation, MyWatchsite reserves the right to claim, within the framework of collective proceedings, the goods, products or services sold and remaining unpaid.

 

Clause No. 9: Delivery

 

The delivery is made :

 

- either by direct delivery of the goods;

- or by sending a notice of availability in store;

- or at the place indicated by the buyer on the order form;

- or by the execution of the services requested on the purchase order;

- or by giving the codes or putting digital products online (site, app...).

 

The delivery time indicated at the time of order registration is given only as an indication and is not guaranteed in any way.

 

Consequently, any reasonable delay in the delivery of products will not give rise to the buyer to :

 

- the allocation of damages;

- cancellation of the order.

 

The transport risk is borne in full by the buyer.

 

In the event of missing or damaged goods, products or services during transport or online, the buyer must make all necessary reservations on the order form upon receipt of said goods, products or services. These reservations must also be confirmed in writing within five days of delivery or online posting by registered letter with acknowledgement of receipt.

 

Clause n° 10: Force majeure

 

The MyWatchsite company cannot be held liable if the non-execution or delay in the execution of one of its obligations described in these general terms and conditions of sale is due to a case of force majeure. As such, force majeure is understood to mean any external, unforeseeable and irresistible event within the meaning of article 1148 of the French Civil Code.

 

Clause n° 11: Access to the site

 

The buyer is personally responsible for setting up the IT and telecommunications means allowing access to the Le Figaro website.

 

The buyer retains at his expense the telecommunication costs when accessing the Internet and using the Site and the services to which the client has subscribed. 

 

Clause n° 12: Technical bugs

 

The MyWatchsite company cannot be held liable if the non-execution or delay in the execution of one of its obligations described in the present general terms and conditions of sale results from a technical bug or an update of the MyWatchsite platform. The MyWatchsite company undertakes to make every effort to resolve the problems within a reasonable period of time.

 

Clause n° 13 : Competent court

 

Any dispute relating to the interpretation and execution of these general terms and conditions of sale is subject to French law.

 

Failing amicable resolution, the dispute will be brought before the Commercial Court of Paris.

 

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 User: Internet user connecting, using the above-mentioned site.

 Buyer: company or individual

 Personal information: "information that allows, in any form whatsoever, directly or indirectly, the identification of the natural persons to which it applies" (article 4 of law no. 78-17 of 6 January 1978).

 

NOTA BENE - The legal notice is given in English only for information purposes. Only the French version below in case of dispute : https://www.my-watchsite.fr/content/2-mentions-legales