Terms and conditions of use

 

Preamble

Property of the site:

the site is the property of  LAYER WATCHES in its totality, as well as the whole of the related rights there. Any reproduction, integral or partial, are prohibited except authorization express and precondition of LAYER WATCHES.

 

1. Acceptance of the general terms of sale

The customer admits having taken knowledge, prior to the placing of order. The present general terms of sale govern the contractual relations between LAYER WATCHES and its customer. They will prevail on all other conditions appearing in any other document, except preliminary, express and written exemption LAYER WATCHES.
The present general terms of sale can be modified constantly by LAYER WATCHES, without notice. The applicable conditions will be those in force on the site at the time of the validation of the order.

 

2. Order

The systems of automatic recording are regarded as being worth proof of the nature and the contents of the order.

LAYER WATCHES confirms the acceptance of its order to the customer with the address e-mail that this one will have communicated. The sale will be concluded as from the validation by LAYER WATCHES from the payment from the order i.e. date from validation from the payment for the orders regulated on line by bank card or from the date from reception from the payment by transfer or check. LAYER WATCHES reserves in any event the right to refuse or cancel any order of a customer with whom would exist a disagreement relating to the payment of a former order.

 

3. Price and payment

The price is expressed in Euros and all inclusive of tax.
The price indicated on the cards produced does not understand transport.
The price indicated in the confirmation of order is the price final, expressed all inclusive of tax and including the VAT for France and the countries of the EEC. This price understands the price of the products, packing and the conservation handling charges of the products, the transport costs, of insurances and startup.
The price is payable the cash, the day of the confirmation of order.
The payment is carried out:

 

  • by bank card carrying initials CB, on line. Your Nº of bank card is thus directed towards the waiters of the bank, your payment is carried out directly at a bank in an environment made safe without passing by the waiter of the shop, all the more important guarantee as your Nº are known only of our banking partner.
    The order will be automatically cancelled and the customer warned by e-mail on the assumption that the centers of banking payment concerned refuse to give their agreement. LAYER WATCHES set up a procedure of checking and request for information complementary to the customer, intended to make sure that the user of the bank card is his holder. The implementation of this procedure, which could not be regarded as a guarantee against any fraudulent use of bank card nor to engage the responsibility for LAYER WATCHES, differs the validation from the payment until the exit of the procedure of checking. It will be able to lead to the cancellation of the order.

The payments carried out could not be regarded as being down payments. Any delay of payment once involves automatically the current liability of half and post maturity interest corresponding the legal rate of interest.

 

4. Clause of reserve of property

Of convention express, and in accordance with the provisions of the law of May 12th, 1980, the ordered products remain the property of LAYER WATCHES until the integral payment of their price by the customer. In the event of inexecution of its obligations by the customer, whatever is the cause, LAYER WATCHES will be in right to require the immediate restitution of the products to the expenses, risks and dangers of the customer.

 

5. Availability and forwarding of the products

All the times announced on the LAYER WATCHES site get along in working days (except Saturday, Sunday and bank holidays). Each card produced indicates:

 

  • That is to say the presence in stock of the product concerned: the indication “in stock” corresponds to the inventory position at LAYER WATCHESat the time of the order.

  • That is to say a time of availability: the time of availability corresponds to the procurement lead time of stock at LAYER WATCHES. This time is communicated by the supplier and/or the manufacturer of the product and varies according to the type of product.

  • That is to say mention “pre-order”: the products concerned are new products announced by the supplier and/or the manufacturer, without known date of availability.

  • That is to say mention “rupture”: the product is temporarily inalienable near our suppliers.

The orders are treated, prepared and dispatched, i.e. given with our conveyer, within a period of 24/48 hours as from:

 

  • Reception of the product by LAYER WATCHES, as regards products of availability,

  • Validation of the payment by the customer when it is carried out by bank card on line or the reception of the payments carried out by transfer or check, as regards products in stock at the time of this validation or reception,

  • Reception of the products by LAYER WATCHES, when those become indeed available near the supplier, as regards products in pre-order.

In a general way the orders are treated after validation of the payment when they are regulated on line by bank card or with reception by LAYER WATCHES of the payment when the customer chose a payment by transfer or check. The indications “in stock” and the times of availability are likely to vary between the date of the order and, according to the case, the date of validation of the payment by bank card or the date of reception of the transfer or the check. The times of availability are in addition suitable for modification on the initiative of the supplier and/or the manufacturer.
In such cases, the times of availability will be those in force at the time of the validation of the credit card payment or the time of the reception of the transfer or the check.
In the event of unavailability of the products in our suppliers:

 

  • final unavailability: LAYER WATCHES begins to propose to the customer articles of replacement or to refund the missing articles to him, without delay and at the latest in the 30 days in accordance with the provisions of the L121-20-3 article of the Code of consumption.

  • temporary unavailability: LAYER WATCHES informs the customer of the date on which the product will be again available. The customer then has the possibility of maintaining his order with these new deadlines or of cancelling it. In this last case, LAYER WATCHES begins to refund the missing articles without delay and at the latest in the 30 days in accordance with the provisions of the L121-20-3 article of the Code of consumption. Forwardings bound for the DOM-TOM will be done subject to acceptance of the parcel out of compartment.

 

6. Delivery

The delivery of the orders is carried out by people receiving benefits independent of the company LAYER WATCHES and within the times announced by these people receiving benefits. The times announced by these people receiving benefits are usually of 48-72h for the parcels of less 30kg and more than 72h for the parcels of more than 30kg.

 

To announce to LAYER WATCHES any difficulty related to the delivery, the customer has a free follow-up of order in line, accessible via the detail from the order.

 

 LAYER WATCHES begins to do what is necessary so that the orders are delivered in the 30 days of the validation of the payment by bank card on line or the reception of the payments by transfer or check. The conveyer engages as for him, by contract with LAYER WATCHES, to deliver the order intended for the purchaser provided by LAYER WATCHES.
Moreover, for the deliveries out of the Metropolitan France, the customer commits himself regulating all the taxes due to the product imports, customs duty, tax on the added-value, and all other taxes due under the terms of the laws of the country of reception of the order. All the placed orders with LAYER WATCHES are intended for the personal use of the customers, the customers or the product consignees prohibit any partial or total resale products. LAYER WATCHES could not be held for person in charge of the defect of payment of the taxes with the payment of which the customer is held.

 

In Metropolitan France, the delivery will be carried out by La Poste in colissimo followed. In the countries of the EEC, the deliveries are carried out by La Poste in colissimo followed Europe or Chronopost following the choice of the customer. The deliveries out of the EEC are carried out by the international postal services or Chronopost following the choice of the customer. For reasons of availability, an order can be delivered in several times.

 

Whatever the place of delivery, this one is carried out in the time slot envisaged with the customer by the direct handing-over of the product to the announced recipient, that is to say in the event of absence, with another person entitled for this purpose by the customer. In the absence of any recipient, a transit advice note is left intended for delivery. The possible expenses of new presentations are the responsibility of the customer. The customer is held to check the condition of the products at the time of the reception. In the event of damage, it must mention with precision its reserves on the delivery order, and reiterate them near the conveyer by registered letter with acknowledgment of delivery in the three (3) days of the delivery in accordance with the provisions of the L.133-3 article of the Commercial law. It must moreover inform LAYER WATCHES by registered letter with acknowledgment of delivery of all damage due to transport in the eight (8) days following the reception. No complaint will be accepted in the event of non-observance of these formalities.

LAYER WATCHES, in any event, will be released from its obligation to deliver in the event of:

 

  • supervening of an emergency such as in particular the war, the riot, the fire, the strikes, the accidents and impossibility of being supplied,

  • inexecution by the customer of any of his obligations (payment of the price, exactitude of the information communicated by the customer such as the address of delivery…)

7. Guarantee

All the technical articles profit, near the manufacturer, of one year a contractual guarantee minimum. Some are guaranteed 2 years or more (see in the description of each article). The extensions of guarantees are valid only in Metropolitan France and Corsica.

 

Any return will have to be preceded by the prior agreement of LAYER WATCHES and the attribution of a number of return.

 

In the absence of prior agreement, of attribution of a number of return or in the event of sending to very other addresses LAYER WATCHES, the goods will be turned over to the customer in port due. The turned over products will have to be accompanied by their packing of origin.

 

In any assumption, the customer profits from the legal guarantee of the latent defects (Art.1626 and following of the Civil code). With the condition which the purchaser makes the proof of the hidden defect, the salesman must legally repair of them all the consequences (art.1641 and following of the civil code).

 

Are excluded from very guaranteed:

 

  1. Uses and talks nonin conformity with the note of employment given with the product as well as the defects of use or maintenance.

  2. Deteriorations due to an handling error, of connection (which it was carried out with the accessories of origin or other accessories substituted by the customer), with an abnormal abusive use or, an intentional or accidental physical modification, with a use at professional or commercial purposes.

  3. Spare parts or accessories whose replacement results from their fair wear and tear, or of operations of servicing: bulbs, batteries, joints, etc…

  4. Transport costs and of modification of the apparatus, in the event of recall by the manufacturer for defect of series.

  5. Deteriorations due to an external event (the lightning, damage of water, etc…).

  6. Interventions carried out on the apparatus by any person not elected by the After-sales service as well as the consecutive dysfunctions and deteriorations with such an intervention.

8. Limitation of responsibility

The information given on the site, photographs, cards produced, price… is given as an indication. LAYER WATCHES endeavors to take care of the exactitude of the information presented on the site. The errors likely to be introduced there are fortuitous and are rectified as soon as possible. The responsibility for Web Studios could not be blamed for simple errors or omissions which could have remained despite everything the precautions taken in the presentation of the products. It is the same for the possible modifications of the products decided by the manufacturers.
In accordance with the texts in force, LAYER WATCHES is not responsible for the inexecution or the bad execution of the contract which would be ascribable either to the consumer, or with the insurmountable and unforeseeable fact of a third to the contract or with a case of absolute necessity.

 

9. Retractation

In accordance with the provisions of the L.121-20 articles and following of the Code of consumption, the customer has 7 days as from the delivery date to turn over the product in his packing of origin for replacement or refunding. The return will be accepted only if the product were not deconditioned/were used. The market products under blister pack or provided with a label of guarantee must be turned over in the state.
Any return must imperatively be preceded by the attribution of a number of retractation obtained by e-mail.

 Failing this, the parcel will be refused. Refunding will intervene in the 30 days following the date on which the customer exerted his right to retractation (L121-20-1 article of the Code of consumption).

 

10. Legal information

Personal information relating to the customer is essential for the treatment and the routing of the orders, the establishment of the invoices and contracts of guarantee. The defect of information involves to it not validation of the order. In accordance with Data-processing law the “and Freedoms”, the data processing personal relating to the customers was the declaration object near the National Commission of Data processing and Freedoms (CNIL).
The customer has (article 34 of the law of January 6th, 1978) of a right of access, modification, correction and suppression of the data which relate to it, that it can exert at LAYER WATCHES. Moreover, LAYER WATCHES begins not to communicate, free or with counterpart, the coordinates of its customers to a third.

 

11. Engagement as regards data protection

In accordance with the provisions of the law nº 98-536 of July 1st, 1998, bearing transposition in the code of the intellectual property of the directive 96/9/CE of March 11th, 1996, concerning the legal protection of the databases, LAYER WATCHES is producer and owner of whole or part of the databases composing this site. While reaching the present site, the customer recognizes that the data the component are legally protected, and, in accordance with the provisions of the law of the above mentioned July 1st, 1998, in particular avoids extracting, re-using, storing, reproducing, representing or preserving, directly or indirectly, on any form of mediums, by any means and in any form that it is, whole or part qualitatively or quantitatively substantial, of the contents of the databases appearing in the site which it reaches.

 

12. Applicable duty

This contract is subjected to the French right.