Terms of Sales

TERMS OF SALES

PREAMBLE AND PURPOSE

The following general conditions aim to define the legal framework which will apply in the relations between:

– the company CAP AVENUE SAS which publishes the site auberi.fr, registered with the Nice RCS under the number SIRET 418 900 908, whose head office is located at the CAP 3000 06700 St Laurent du Var Shopping Center, with capital of €1,443,725 , and whose intra-community VAT number is FR 30 418 900 908

– and any person visiting or making a purchase on the auberi.fr website.

Their purpose is to define the reciprocal rights and obligations of the two parties in the different stages of ordering one or more items. Any person registering on the site must adhere to these general conditions of sale and thus accept them without reservation. No purchase can be made on the site without having first accepted these conditions.

The Internet user can consult the general conditions of sale at any time by clicking on the “Terms of sales” section at the bottom of the screen.

Host: OVH

Publication director: Mr Auberi AUDION

The Company CAP AVENUE SAS provides you with “Customer Service” accessible at the following number: +33.(0)4.93.31.56.49 (cost of a local call from France), Monday to Friday from 10:00 a.m. to 5:00 p.m. p.m., excluding public holidays. You can also write to us, sending the information you wish to bring to our attention to the following address: AUBERI SAS – auberi.fr – CC CAP 3000 – 06700 St Laurent du var, or by email to the address contact@auberi.fr specifying the contact details of the person concerned and the subject of the correspondence.

MODIFICATIONS TO THE GENERAL CONDITIONS OF SALE

These general conditions of sale are those applicable as of 12/01/2020.

The auberi.fr website reserves the right to modify or adapt them at any time without notice.

Thus, the applicable general conditions of sale will be those in force on the day of the order.

Also, the user of the site is invited to consult them before each purchase because any order constitutes unreserved acceptance of the General Conditions of Sale.

PARTIAL NON-VALIDITY

These conditions express the entirety of the obligations of the parties.

If a condition were to be missing, it would be considered to be governed by the practices in force in the distance selling sector.

If any provision of these terms and conditions is held to be invalid or declared invalid by a final and binding decision of a court of competent jurisdiction (e.g., change in law or regulation, court decision), the remaining provisions shall remain in full force and effect.

CUSTOMER LIMITATION

The items displayed on the site are only offered for sale to individuals who are not in business in France.

Any user of the site declares that they have the legal capacity allowing them to place an order on the site and allowing them to use a bank card.

ARTICLE 1: PRODUCTS AND AVAILABILITY

The auberi.fr site offers the following items for sale: jewelry, watches and accessories.

The products sold are photographed and described as faithfully and accurately as possible. However, errors or omissions are possible. Also, depending on the Internet browser or screen used, the colors of the items may not correspond to the actual colors.

The products sold are those which are described and visible on the site. Product offers are valid while stocks last. Any out of stock product will be reported. However, the availability and delivery of a product are only guaranteed by us sending an email confirming your order. If a product is unavailable once the order has already been placed, an email will inform you, and your order will be automatically canceled. You will be refunded the amounts already paid within 14 (fourteen) days from the cancellation of your online order. Available items ordered at the same time cannot be subject to cancellation.

ARTICLE 2: ORDER

Orders are exclusively received on the Internet after acceptance of these general conditions of sale. To place an order on the auberi.fr website, you must be registered.

Data relating to orders is kept on reliable and durable computer media. They are considered proof of the contractual relations between the parties in the same way as any document established, received or kept in writing.

Orders cannot in principle be subject to modification due to their immediate execution. However, in the event that you wish to modify an order placed on the Website, we invite you to contact our Customer Service, by telephone, at the number mentioned in the introduction, before shipping the products ordered. Customer Service will make its best efforts to consider with you the desired modification of your order, although no modification can be guaranteed by the Company.

ARTICLE 3: PAYMENT AND SAFETY

On the auberi.fr website, payment for purchases is made when ordering either by credit card or by transfer.

FOR PAYMENT BY BANK CARD

We debit your bank card as soon as the order is placed.

Cards bearing the symbol “CB” and/or bearing the VISA or EuroCard or MasterCard mark accepted in France can be used.

For payment by credit card, the auberi.fr site guarantees you perfect payment security thanks to Ingenico E-payments.

Indeed, all payment phases to be carried out between the buyer are fully encrypted and protected. The data relating to your bank card number is encrypted from your computer and is thus transmitted encrypted directly to the banking operator, who decrypts it and manages the direct debit authorizations.

The protocol used is SIPS and is coupled with banking electronics. This means that the information related to the order and the bank card number do not circulate unencrypted on the Internet. The bank card number is not printed on any paper, invoice, slip or other listing. The merchant is not aware of the card numbers. Card numbers are never retained after transmitting the payment transaction to the merchant's bank. Thus, no person has access either electronically or in print to the buyers' bank card details.

ARTICLE 4: PRICE

The prices displayed on the site are expressed in euros, all French taxes included (French VAT and other taxes applicable on the day of the order) excluding processing and shipping costs. Delivery costs are indicated before validation of the order.

All orders, whatever their origins, are payable in euros. The auberi.fr site 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 the orders are recorded.

Retention of title: the products remain the property of auberi.fr until full payment has been received.

ARTICLE 5: DELIVERY AND PRICES

5.1 HOW ARE ITEMS DELIVERED?

The delivery is made by La Poste, either by Colissimo Suivi, soit en Declared Value. In the latter case, the package must be collected from your Post Office.

The site reserves the right to choose any other delivery provider that it deems capable of carrying out delivery in good conditions of security and speed.

5.2 WHAT ARE THE DELIVERY TIMES?

If the items are available, they will be shipped to you within 2 working days maximum.

The delivery time from successful dispatch depends on the service provider and auberi.fr declines all responsibility in the event of excessive delivery time caused by the service provider.

5.3 SHIPPING COSTS

Shipping costs are covered by auberi.fr for all shipments within Metropolitan France.

5.4 DELIVERY PROBLEMS

It is the buyer's responsibility to determine whether the package has been tampered with or damaged. We advise you to check the contents of the package in the presence of the carrier, in order to verify the condition of the items. If they have been damaged or stolen, you must refuse the parcel and note a reservation on the delivery slip (parcel refused because opened or damaged). auberi.fr cannot be held responsible if the buyer has not made a reservation.

In order to obtain a refund or exchange of items (subject to availability), the buyer must inform us of any problem by sending us a message via the "Contact" section. He/she must describe the problem in detail (e.g. damaged parcel, already opened, etc.).

In the event of non-delivery of the package, the buyer must inform the auberi.fr site via the "Contact" section. We will then open an inquiry with the relevant departments. You will receive an email indicating that an investigation has been opened. If the package is found, it will be sent to the customer according to the usual procedure. If the package is declared lost and there is no stock available for a second shipment, the order will be reimbursed as soon as possible.

ARTICLE 6: RIGHT OF WITHDRAWAL AND RETURN OF PRODUCTS

In accordance with the provisions of articles L121 et seq. of the French Consumer Code, each user of the site has a 14-day cooling-off period from receipt of his or her package to return one or more items, at his or her own expense and risk, without having to justify the reason. If the deadline falls on a Saturday, Sunday or public holiday, the period is extended to the next working day at midnight. Items returned incomplete, without case and guarantee, damaged, used, soiled or visibly used cannot be taken back. The parcel will be returned at the buyer's expense.

In the event of retraction by the purchaser, return costs are at the purchaser's expense. For better tracking of returns, the buyer is asked to make his return request via the "Contact" section. The buyer has 14 days to return the parcel. Beyond this period, auberi.fr will be able to refuse the parcel and return it to its sender.

All returned items must be suitable for resale and sent back to the following address:

AUBERI

CC CAP 3000

06700 St laurent du var

It is the buyer's responsibility to keep all documents proving the return of the package to our warehouses in the event of a dispute. We strongly recommend that you declare the value of the returned goods and take out insurance to cover the risk of loss of the package. Upon receipt of the returned package in our warehouses, all or part of the order will be reimbursed within a maximum of 30 days.

If the item(s) ordered are defective or do not conform to the order, the right of withdrawal is exercised under the same conditions, with the exception of shipping costs, which will be borne by auberi.fr . To do this, on receipt of your return request by email, we will send you the pre-paid return details by email.

ARTICLE 7: RESPONSABILITY

The products offered comply with current French legislation and standards. Consequently, auberi.fr cannot be held responsible for any errors or omissions in any of these photographs, texts or graphics, information or product characteristics, or for any changes in product characteristics by suppliers. Of course, if you have any questions about the products, you can contact our customer service department.

auberi.fr cannot be held responsible for the non-performance of the contract concluded in the event of stock shortage or unavailability of the product, force majeure, disruption or total or partial strike, notably of postal services and means of transport and/or communications, flood, fire, administrative closure.

Hypertext links may lead to sites other than the auberi.fr site. The site declines all responsibility in the event that the content of these sites contravenes the legal and regulatory provisions in force.

ARTICLE 8: INTELLECTUAL PROPERTY

All texts, comments, works, illustrations and images reproduced on the sites published by auberi.fr are reserved under copyright and intellectual property law for the entire world. As such, and in accordance with the provisions of the French Intellectual Property Code, only private use is authorized, subject to different and even more restrictive provisions of the Intellectual Property Code. Any other use constitutes an infringement and is punishable under the Intellectual Property Code without prior authorization from auberi.fr. Any reproduction, in whole or in part, of sites published by auberi.fr is strictly forbidden.

ARTICLE 9: PERSONAL DATA

All information provided during your visits to auberi.fr is strictly confidential.

For more information, please refer to the Privacy Policy available on the auberi.fr website.

ARTICLE 10: RESPONSIBILITY

auberi.fr cannot be held responsible for any inconvenience or damage inherent in the use of the Internet (service interruption, external intrusion, computer viruses, etc.).

ARTICLE 11: WARRANTIES

All our products benefit from:

- the legal guarantee of conformity (article L. 217-4 et seq. of the French Consumer Code)

- the legal warranty against hidden defects (under the conditions set out in articles 1641 et seq. of the French Civil Code).

With regard to the legal warranty of conformity, the customer has a period of two years from delivery of the product to take action. This legal warranty of conformity applies independently of the commercial warranty granted.

Note that the latter, defined by the manufacturers, does not cover:

- abnormal or non-compliant use of the products (in this respect, we invite you to carefully consult the maintenance advice)

- defects and their consequences linked to use that is not compliant with the use for which the product is intended,

- defects and their consequences linked to any external cause.

In all cases, auberi.fr shall not be held liable in the event of the manufacturer's refusal to apply its warranty for the reasons set out above.

In order to benefit from the product warranty, it is imperative to retain the product purchase invoice.

ARTICLE 12: DISPUTES

Any dispute may be settled with our customer service department and, in the absence of an amicable settlement, the rules of jurisdiction will apply. However, the auberi.fr site reserves the right to summon the customer to appear before the court in whose jurisdiction his domicile or registered office is located.

ARTICLE 13: NO RENUNCIATION

It is agreed between auberi.fr and the users of the site that any failure or waiver by one of the parties in the application of all or part of the commitments provided for in these general conditions of sale shall not constitute a modification of this agreement, nor generate any right whatsoever, nor even be interpreted for the future as a waiver of the commitment in question.

ARTICLE 14: FORCE MAJEURE

The performance by the company of all or part of its obligations will be suspended in the event of the occurrence of an fortuitous event or force majeure which hinders or delays performance. The various cases recognized by jurisprudence are considered as such. In such an event, auberi.fr will notify its customers by e-mail within 7 days.

ARTICLE 15: APPLICABLE LAW AND JURISDICTION

These terms and conditions of sale are governed by French law.

ARTICLE 16: CUSTOMER SERVICE

If you have any questions, please do not hesitate to contact our customer service:

- through the section Contact.

– by phone: (+33) 4 93 31 56 49

– by email: contact@auberi.fr

ROLEX SECTION

When you browse the Rolex section of our website, you may interact with an integrated site from www.rolex.com. In this case, only the Terms of use, the Privacy policy and the Cookie policy from www.rolex.com are applicable.