Terms of sale

Preface

The present general terms and conditions of sale apply to all sales concluded on the website

www.ewatchband.com

The company's contact details are as follows:

Website link: ewatchband.com

eWatch Band

Email address: contact@ewatchband.com

eWatch Band is published by Ventury Groupe

Postal address:

66 AVENUE DES CHAMPS ELYSEES

PARIS 75008

France

Société par actions simplifiée registered in the Paris Trade and Companies Register.

Share capital: 1000€

Siret number: 97979718000010

NAF: 4791A

The main features of the products, including specifications, illustrations, and indications of dimensions or capacity, are presented in the Seller's catalogs. The photographs and graphics shown are not contractual and cannot engage the Seller's responsibility. The Customer is required to refer to the description of each Product to understand its properties and essential features.

Product offers are subject to availability.

The customer declares that they have read and accepted the general terms and conditions before placing the order. Therefore, the validation of the order constitutes acceptance of the general terms and conditions.

Products purchased on the ewatchband.com website are sold through the company Ventury Groupe for ewatchband.com. All products presented are generic and are not official Apple products. We are in no way affiliated with the brand.

Article 1 - Principles

The present general terms and conditions express the entirety of the obligations of the parties. In this sense, the customer is deemed to accept them without reservation.

These general terms and conditions apply to the exclusion of all other conditions, particularly those applicable to in-store sales or through other marketing channels or distribution circuits.

They are available on the website www.ewatchband.com and shall prevail, where applicable, over any other version or conflicting document.

The buyer and the seller agree that these general terms and conditions exclusively govern their relationship. The seller reserves the right to modify its general terms and conditions, which will apply as soon as they are published online.

If any sales condition is missing, it will be governed by the practices in force in the distance selling sector for companies based in France.

Article 2 - Content

Purpose. These general terms and conditions aim to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer through the website www.ewatchband.com.

Capacity. Using the website to place an order implies acceptance of all terms of these general conditions. The Customer declares to be of legal age and able to contract under the laws of their country or declares to represent, by virtue of a valid mandate, the person for whom the order is placed.

Acceptance of the T&Cs. The Customer declares having read and accepted the general terms and conditions before making any purchase, which implies full acceptance of these general terms and conditions. By accepting, the customer acknowledges having received sufficient information and advice from the company, ensuring that the content of the order meets their needs. These general terms and conditions constitute the full set of rights and obligations of the parties in their contractual relationship.

Unless proven otherwise, the data recorded by the Site constitutes evidence of all actions, acceptance, and transactions.

These general terms and conditions aim to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer through the website www.ewatchband.com.

Article 3 - The Order

The buyer has the option to place their order online, using the online catalog and the form available, for any product, within the limit of available stock.

The buyer will be informed of any unavailability of the product or item ordered.

For the order to be validated, the buyer must accept, by clicking in the designated area, these general terms and conditions. They must also select the shipping address and method, and finally, validate the payment method.

The sale will be considered final:

- after the seller sends the buyer a confirmation of acceptance of the order by email;

- and after the seller receives full payment.

Any order implies acceptance of the prices and the description of the products available for sale. Any dispute on this matter will be handled within the framework of possible exchanges and the warranties mentioned below.

In certain cases, such as payment failure, incorrect address, or other issues with the buyer’s account, the seller reserves the right to block the buyer’s order until the problem is resolved.

For any questions about order tracking, the buyer can email the seller at: contact@ewatchband.com

The digitized records, stored in the company’s computer systems under reasonable security conditions, will be considered proof of communications, orders, and payments between the parties. The archiving of order forms and invoices is done on a reliable and durable medium that can be presented as evidence.

Article 4 - Pre-Contractual Information

The buyer acknowledges having received, prior to placing their order and concluding the contract, in a readable and understandable manner, the present general terms and conditions and all the information listed in article L. 221-5 of the French Consumer Code.

The following information is provided to the buyer in a clear and understandable manner:

- the essential characteristics of the goods;

- the price of the goods and/or the method of price calculation;

- if applicable, all additional transport, delivery, or postage costs and any other potential fees;

- in the absence of immediate contract execution, the date or timeframe in which the seller commits to deliver the goods, regardless of its price;

- information regarding the seller’s identity, postal, telephone, and electronic contact details, and its activities, information regarding legal warranties, digital content features, and, if applicable, its interoperability, the existence and terms of warranties, and other contractual conditions.

Article 5 - Electronic Signature

Providing the buyer’s credit card number online and the final validation of the order will serve as proof of the buyer’s agreement:

- the amounts due under the order form;

- express signature and acceptance of all transactions carried out.

In case of fraudulent use of the credit card, the buyer is invited, upon noticing this usage, to contact the seller at the following email address: contact@ewatchband.com

Article 6 - Order Confirmation

The seller provides the buyer with an order confirmation by email once payment has been made.

Article 7 - Proof of Transaction

The computerized records, stored in the seller's computer systems under reasonable security conditions, will be considered proof of communications, orders, and payments between the parties. The archiving of order forms and invoices is done on a reliable and durable medium that can be presented as evidence.

Article 8 - Product Information

The products governed by these general terms and conditions are those listed on the seller's website and indicated as sold by the seller. They are offered within the limit of available stock.

The products are described and presented with the greatest possible accuracy. However, if any errors or omissions occur in this presentation, the seller's responsibility cannot be engaged.

Product photographs are not contractual.

Article 9 – Pricing Terms

The seller reserves the right to change its prices at any time but commits to apply the rates in effect at the time of the order, subject to availability at that date.

Prices are stated in euros.

The customer purchasing a product sold including taxes (TTC) will see a price including the VAT applicable on the day of the product purchase. Any change in the applicable VAT rate will be reflected in the price of the products. If the company benefits from VAT exemption, it may legitimately charge its products excluding VAT (HT).

If a customer located in an EU country is asked to pay VAT to receive their order, they must inform the seller before paying any fees demanded by the carrier or customs administration, so that the seller can resolve the issue for the customer.

If the customer has nonetheless paid fees related to customs clearance such as VAT, customs duties, or other processing fees, they may request a refund of VAT and customs duties, provided they submit acceptable proof of the payment made.

For purchases destined for countries outside the European Union and France, any import-related fees such as VAT or customs duties will be the responsibility of the customer. The seller cannot be held responsible for any additional costs related to customs clearance or other import fees.

Article 10 - Payment Method

This is an order with a payment obligation, meaning the placement of the order requires payment by the buyer.
By confirming the order, the buyer agrees to pay the full amount specified.

Payment can be made by credit card, debit card, bank transfer, or any other method indicated on the payment page.

To ensure the confidentiality and security of payments, the seller uses a secure payment system, which guarantees that the buyer's information is transmitted and encrypted using the latest security protocols available.

Only accepted methods of payment are those listed and available on the website.

Article 12 - Delivery Terms

Delivery means the transfer to the consumer of the physical possession or control of the goods. The products ordered are delivered to the buyer by the seller's supplier according to the terms and time frame specified above.

The products are delivered to the address provided by the buyer on the order form, so the buyer must ensure its accuracy. Any package returned to the seller due to an incorrect or incomplete delivery address will be resent at the buyer's expense. The buyer may, at their request, have an invoice sent to the billing address instead of the delivery address by selecting the option provided for this purpose on the order form.

If the buyer is absent on the day of delivery, the delivery service will leave a notice in the mailbox, indicating where and when to pick up the package.

If, upon delivery, the original packaging is damaged, torn, or opened, the buyer must check the condition of the items. If they are damaged, the buyer must refuse the package and note the issue on the delivery slip (refused package due to being opened or damaged).

The buyer must indicate on the delivery slip and in writing any anomalies related to the delivery (damage, missing items compared to the delivery note, damaged packages, broken items, etc.).

This verification is considered completed as soon as the buyer or an authorized person signs the delivery note.

The buyer must then confirm these issues by registered mail with the carrier within two working days after receiving the items and send a copy of this letter by fax or regular mail to the seller at the address listed in the legal notices on the site.

If the products need to be returned to the seller, they must be requested for return within 14 days of delivery. Any claim made outside this period will not be accepted. The product can only be returned if it is in its original condition (packaging, accessories, instructions, etc.).

The products must be returned according to the following procedure:

The product will be delivered within a maximum of 30 days.

The products are offered for sale and delivered within the limits of available stock. In case of unavailability of the ordered product, the customer will be immediately informed by the company, which can propose a product of equivalent quality and price, or, failing that, proceed with a refund if the customer is a consumer. Except for the refund of the unavailable product's price, the company is not liable for any cancellation indemnity, unless the non-performance of the contract is directly attributable to it.

The return costs are at the buyer’s expense.

Article 13 - Delivery Errors

The buyer must notify the seller of any delivery errors and/or non-conformities of the products in nature or quality compared to the order form, no later than the same day of delivery or the first working day following delivery. Any claim made after this period will be rejected.

The claim can be made by email to the following address: contact@ewatchband.com

Any claim not made according to the rules defined above and within the specified period cannot be taken into account and will release the seller from all responsibility towards the buyer.

Upon receipt of the claim, the seller will assign an exchange number for the concerned product(s) and communicate it by email to the buyer. The exchange of a product can only take place after the exchange number has been assigned.

14 - Legal Warranty of Conformity

The seller is responsible for ensuring the goods sold conform to the contract, allowing the buyer to make a request under the legal warranty of conformity provided by articles L. 217-3 and following of the French Consumer Code.

In case of enforcement of the legal warranty of conformity, it is reminded that:

- the buyer has a period of 2 years from the delivery of the goods to take action;

- the buyer can choose between repair or replacement of the goods, subject to the cost conditions set out in article L. 217-17 of the French Consumer Code;

- the buyer does not have to provide proof of the lack of conformity during the first 24 months in case of new goods (12 months for used goods), from the delivery date.

14-2 Legal Warranty for Hidden Defects

In accordance with articles 1641 and following of the Civil Code, the seller is responsible for hidden defects that may affect the goods sold. It is the buyer's responsibility to prove that the defects existed at the time of sale and are such that they render the product unfit for its intended use. This warranty must be exercised within two years from the discovery of the defect.

The buyer can choose between cancellation of the sale or a reduction in the price in accordance with article 1644 of the Civil Code.

Article 15 - Right of Withdrawal

Application of the Right of Withdrawal

The buyer has a period of 14 days from the date of delivery of their order to return any item that does not meet their expectations and request an exchange or a refund, without penalty, except for return shipping costs which are the buyer’s responsibility.

Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) to allow for resale as new, accompanied by the purchase invoice.

Damaged, soiled, or incomplete products will not be accepted.

The right of withdrawal can be exercised by email at the following address: contact@ewatchband.com. Any other method of withdrawal declaration is accepted. It must be clear and express the intention to withdraw.

In case of exercising the right of withdrawal within the specified period, the buyer must notify their withdrawal by email to: contact@ewatchband.com

The price of the purchased product(s) will be refunded, and shipping costs will also be refunded.

Return costs are at the buyer’s expense.

The exchange (subject to availability) or refund will be made no later than 30 days from the seller’s receipt of the returned products under the conditions specified above.

Exceptions

According to article L221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for contracts:

- for the supply of goods whose price depends on fluctuations in the financial market beyond the control of the seller and likely to occur during the withdrawal period;

- for the supply of goods made according to the consumer’s specifications or clearly personalized;

- for the supply of goods that are liable to deteriorate or expire rapidly;

- for the supply of goods that have been unsealed by the consumer after delivery and cannot be returned for reasons of hygiene or health protection;

- for the supply of goods that, after delivery, are, by their nature, mixed inseparably with other items;

- for the supply of alcoholic beverages where delivery is deferred beyond thirty days and whose value is agreed upon at the time of the contract conclusion, depending on fluctuations in the market outside the seller’s control;

- for the provision of urgent repair or maintenance services expressly requested by the consumer at their home;

- for the provision of digital content not supplied on a tangible medium, whose performance has started after the consumer's express consent and their waiver of the right of withdrawal.

Article 16 - Force Majeure

The seller's responsibility will not be held if the execution of the contract is delayed or prevented by a case of force majeure, including but not limited to strikes, natural disasters, or any other event beyond the seller's control.

Article 17 - Intellectual Property

All elements of the seller’s website are and remain the exclusive intellectual property of the seller. No one is authorized to reproduce, exploit, redistribute, or use in any way, even partially, any elements of the site, whether software, visual, or audio.

Article 18 - Personal Data

The information collected about the buyer is processed for the purpose of managing the commercial relationship with the buyer and handling orders. The recipients of the data are: the seller and its service providers. The buyer has the right to access, rectify, oppose, and delete personal data by contacting customer service.

Article 19 - Disputes

These terms are subject to French law. In case of dispute, the parties agree to seek an amicable solution before going to the competent courts.

In case of a dispute with a consumer, mediation can be requested through the European Commission's online dispute resolution platform at: https://ec.europa.eu/consumers/odr/

Article 20 - Applicable Law

These terms are governed by French law. In case of dispute, the competent court will be the one where the seller has its registered office.

The content above has been translated from French to English for ease of understanding. While we strive to ensure the accuracy of the translation, we cannot be held responsible for any errors or misinterpretations resulting from this translation. In case of discrepancies or uncertainty, please refer to the original French version, which takes precedence.