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Terms and conditions

Read the general terms of sale of Montre-Homme-Pas-Chere.com before placing your order: returns, warranty, payment, delivery.

General terms of use and sale

The online shop for men's watches MONTRE-HOMME-PAS-CHERE.com (whose URL is www.montre-homme-pas-chere.com/) has been set up by the company MONTRE-HOMME-PAS-CHERE.com, which operates this website.

Company identification:

  • Trading name: Montre Homme Pas Chère
  • Legal form: sole proprietorship (EI)
  • Registered office: BP 20075 - 31121 PORTET PDC - Mainland France
  • SIRET: 520 247 727 000 57
  • Intra-community VAT number: FR01520247727
  • Email: contact@montre-homme-pas-chere.com

Placing an order for a product listed on the MONTRE-HOMME-PAS-CHERE.com online shop implies that these general terms and conditions of sale have been read beforehand. Consequently, the consumer acknowledges being fully aware that their agreement to the content of these general terms and conditions of sale does not require a handwritten signature on this document, insofar as the customer wishes to order online the products presented in the website's shop.

The consumer may save these general terms and conditions of sale, it being specified that saving this document is their sole responsibility.

The online shop set up by the company MONTRE-HOMME-PAS-CHERE.com on the website provides the following information:

  • A legal notice allowing the company MONTRE-HOMME-PAS-CHERE.com to be precisely identified.
  • A presentation of the essential characteristics of the goods offered.
  • An indication, in euros, of the price of the goods and, where applicable, of the delivery costs.
  • An indication of the terms of payment, delivery or performance.
  • The existence of a right of withdrawal (see Article 14).
  • The period of validity of the offer or the price.
  • The conditions for terminating the contract when it is of indefinite duration or lasts more than one year.
  • The contact details of the competent consumer mediator (see Article 24).

All of this information is presented in English. The consumer declares that they have full legal capacity to enter into a commitment under these general terms and conditions of sale.

Article 1: Entirety

These general terms and conditions of sale express the entirety of the parties' obligations. In this respect, the consumer is deemed to accept without reservation all of the provisions set out in these general terms and conditions of sale. No general or specific condition appearing in documents sent or handed over by the consumer may be incorporated into these terms.

Article 2: Purpose

The purpose of these general terms and conditions of sale is to define the rights and obligations of the parties in the context of the online sale of goods and services offered by the company MONTRE-HOMME-PAS-CHERE.com to the consumer.

Article 3: Contractual documents

This contract is formed by the following contractual documents, presented in descending order of precedence: these general terms and conditions of sale and the order form. In the event of a conflict between the provisions contained in documents of different rank, the provisions of the higher-ranking document shall prevail.

Article 4: Entry into force - Duration

These general terms and conditions of sale come into force on the date the order is registered, that is, as soon as the consumer confirms it by ticking the box labelled "I have read the general terms and conditions of sale and I accept them without reservation." when placing the order. These general terms and conditions of sale are concluded for the time required to supply the goods and services ordered, until the warranties owed by the company MONTRE-HOMME-PAS-CHERE.com expire.

Article 5: Orders

You can place an order online: Montre-Homme-Pas-Chere.com

The contractual information is presented in French and will be confirmed at the latest when your order is validated.

The company MONTRE-HOMME-PAS-CHERE.com reserves the right not to register a payment and not to confirm an order for any legitimate reason, in particular in the event of a supply problem or of a serious, documented difficulty concerning the order received (notably suspected fraud). In such a case, the consumer is informed without delay and fully refunded if a payment has already been registered.

Article 5bis: Pre-orders

Part of our website operates on a pre-order basis, which means that the dispatch time is longer for these orders. By placing a pre-order, the Customer acknowledges the lead time stated on each product page.

5-a Pre-orders and price changes

1. Definition of a pre-order

A pre-order allows the customer to buy a product before it is actually available. The delivery date indicated is an estimate and may vary depending on the supplier's production and supply times.

2. Price change before delivery

The price of a pre-ordered product is based on the pricing information available when it is put on sale. However, owing to fluctuations in supply costs, taxes or other external factors beyond our control, we reserve the right to adjust the price before delivery, under the conditions described below.

3. Options in the event of a price change

If the price of the product increases after the order but before delivery, the customer will be informed as soon as possible and will have the choice between:

  • Keeping the order at the new price, after expressly accepting the change.
  • Cancelling the order and receiving a full refund, without penalty.

Seller's commitment

If the price change is small or can be absorbed by our company, we will do our best to honour the order at the original price. However, if delivering the product at the agreed price would mean selling at a loss, we reserve the right to cancel the order and refund the customer in full.

4. Force majeure and product unavailability

If the product becomes unavailable due to exceptional circumstances (supplier stock shortage, end of production, embargo, etc.), the order will be automatically cancelled and the customer refunded without delay.

5-b Payment terms

Payment of the order

For a pre-order (a product that requires restocking), payment of the full price is requested when the order is placed, just as for a standard order.

5-c Cancelling a pre-order

The Customer may, at any time until the product is dispatched, ask to cancel their pre-order. In that case, all sums paid will be refunded in full, without penalty or deduction of any kind, within a maximum of 14 days from receipt of the cancellation request.

This right of cancellation is without prejudice to the statutory right of withdrawal provided for in Article 14 of these terms, which the consumer Customer also enjoys as of right within 14 days of validating their pre-order.

Placing a pre-order for products listed on the Montre-Homme-Pas-Chere.com website implies that these general terms and conditions have been read beforehand and accepted without reservation. Consequently, the Customer acknowledges being fully aware that their agreement to the content of these General Terms and Conditions of Sale does not require a handwritten signature on this document. The Customer declares that they have the capacity to enter into this contract, i.e. that they are of legal age (eighteen (18) years) and are not under guardianship or curatorship. The parties agree that their relationship shall be governed exclusively by these GTCS, without prejudice to the mandatory provisions of the French Consumer Code and the French Civil Code.

Article 6: Electronic signature

The consumer ticking the box on the order form labelled "I have read the general terms and conditions of sale and I accept them without reservation." constitutes an electronic signature which, between the parties, has the same value as a handwritten signature.

Article 7: Order confirmation

The contractual information will be confirmed by electronic message (email), sent within a reasonable time after the order is validated and, in any event, no later than the time of delivery.

Article 8: Proof of the transaction

The computerised records kept in the computer systems of the company MONTRE-HOMME-PAS-CHERE.com under reasonable security conditions will be regarded as proof of the communications, orders and payments made between the parties. Order forms and invoices are archived on a reliable and durable medium that can be produced as evidence.

Article 9: Product information

9-a: The company MONTRE-HOMME-PAS-CHERE.com presents the products for sale on its website with the characteristics required to comply with Article L111-1 of the French Consumer Code, which gives the prospective consumer the opportunity to know, before placing a firm order, the essential characteristics of the products they wish to buy.

9-b: The offers presented by the company MONTRE-HOMME-PAS-CHERE.com are valid only while stocks last.

Article 10: Prices

Prices are stated in euros and are valid only on the date the order form is sent by the consumer. They include the delivery costs, which are indicated before the order is validated. Prices include the VAT applicable on the day of the order, and any change in the applicable VAT rate will automatically be passed on to the price of the products in the online shop.

The full price must be paid when the order is placed, including for pre-orders (see Article 5-b). At no time may the sums paid be regarded as a deposit ("arrhes") within the meaning of Article L214-1 of the French Consumer Code: they constitute payment of the full price, the Customer benefiting in return from a right of cancellation and full refund under the conditions set out in Article 5-c and from the statutory right of withdrawal provided for in Article 14.

Article 11: Payment methods

To pay for the order, the consumer may choose from all the payment methods listed on the order form. The consumer warrants to the company MONTRE-HOMME-PAS-CHERE.com that they hold any authorisations that may be required to use the payment method they have chosen when validating the order form.

The company MONTRE-HOMME-PAS-CHERE.com reserves the right to suspend the processing of any order and any delivery in the event that a card payment authorisation is refused by the officially accredited bodies, or in the event of proven non-payment. In particular, the company MONTRE-HOMME-PAS-CHERE.com reserves the right to refuse to fulfil an order from a consumer who has not paid, in full or in part, a previous order, or with whom a documented payment dispute is ongoing. The company MONTRE-HOMME-PAS-CHERE.com has set up an order verification procedure to ensure that no one uses another person's bank details without their knowledge.

Article 12: Product availability

The order will be fulfilled within a maximum of 3 days from the day after the consumer placed the order, except for pre-ordered products, which have a longer dispatch time indicated on each product page and accepted by the Customer when ordering.

If the product ordered is unavailable, in particular because of the company MONTRE-HOMME-PAS-CHERE.com's suppliers, the consumer will be informed as soon as possible and will be able to cancel their order. The consumer will then have the choice of requesting either a full refund of the sums paid, made no later than 14 days after the request, or an exchange of the product.

Article 13: Validation of your order

Any order placed on the MONTRE-HOMME-PAS-CHERE.com website implies acceptance of these General Terms and Conditions. Any order confirmation entails your full and complete acceptance of these general terms and conditions of sale, without exception or reservation.

All the data provided and the recorded confirmation will constitute proof of the transaction. You declare that you are fully aware of this. The order confirmation will constitute signature and acceptance of the transactions carried out. A summary of your order details will be sent to you via the order confirmation email.

Article 14: Right of withdrawal, returns and warranties

14-a Statutory right of withdrawal

In accordance with Articles L221-18 et seq. of the French Consumer Code, the consumer Customer has a period of 14 calendar days from receipt of their order (or of the last item, where several items are delivered separately) to exercise their right of withdrawal, without having to give a reason or pay a penalty, with the exception of the return costs.

For pre-orders, this 14-day period runs from the validation of the order if the Customer wishes to withdraw before receiving the product (see also the specific right to cancel a pre-order set out in Article 5-c, which applies until dispatch).

To exercise this right, the Customer informs the company MONTRE-HOMME-PAS-CHERE.com of their decision to withdraw by means of:

  • the "Withdraw from the contract here" feature, available from their customer account under "My orders", throughout the withdrawal period
  • the model withdrawal form appended to these terms
  • any other unambiguous statement sent to MONTRE-HOMME-PAS-CHERE.com by email via the "Contact us" page

Where the right of withdrawal is exercised within the above period, the price of the product(s) purchased and the standard delivery costs will be refunded within a maximum of 14 days from the date on which the company MONTRE-HOMME-PAS-CHERE.com receives the notice of withdrawal (this refund may be deferred until the goods have been recovered or the Customer has provided proof of dispatch, whichever comes first and is more favourable to the consumer).

The right of withdrawal is subject to the products being returned within 14 days of the notice of withdrawal, in a condition that allows them to be resold (product not used beyond the handling needed to establish its nature and characteristics). In accordance with Article L221-23 of the French Consumer Code, the Customer may be held liable for any depreciation of the goods resulting from handling other than what is necessary.

14-b Returns for non-conformity or hidden defects

Independently of the right of withdrawal, all our products are covered by:

  • the statutory warranty of conformity (Articles L217-3 et seq. of the French Consumer Code), applicable for 2 years from delivery of the goods
  • the statutory warranty against hidden defects (Articles 1641 et seq. of the French Civil Code), applicable for 2 years from discovery of the defect.

In the event of a proven non-conformity or hidden defect, the product may be returned, repaired, exchanged or refunded, at the consumer's choice under the conditions provided for by law, with no time limit other than that set by these statutory warranties.

14-c Condition of returned products outside the statutory warranties

For returns made under the right of withdrawal (Article 14-a), we recommend sending the product back complete, with its accessories and, if possible, in its original packaging.

Products are subject to the right of withdrawal, except for the exclusions provided for in Article 14.g. However, if they have been used beyond what is necessary to establish their nature and characteristics (for example a watch that has been worn or scratched, or whose bracelet has been shortened), a deduction may be made from the refund in proportion to the loss of value observed (Article 14-e).

This limitation does not apply to returns made under the statutory warranty of conformity or the warranty against hidden defects (Article 14-b), which apply whatever the product's normal state of use, provided the defect claimed does not result from it.

Article 14-d: Return procedure

Any return must first be reported to the Customer Service of the company MONTRE-HOMME-PAS-CHERE.com, preferably by email, by logging in to the MONTRE-HOMME-PAS-CHERE.com online shop and filling in the contact form available on the "Contact us" page.

The product must be returned to the company MONTRE-HOMME-PAS-CHERE.com in full and, as far as possible, in its original packaging, to the following address:

MY-MONTRE
BP 20075
31121 PORTET PDC
Mainland France

The consumer is free to choose the shipping method for this return. It is nevertheless strongly recommended to use a tracked service, so as to have proof of posting and of transit should the carrier lose the parcel. If an untracked service is chosen, the consumer bears the risk of loss of the parcel during the return journey, as the company MONTRE-HOMME-PAS-CHERE.com cannot be held liable for a parcel whose receipt it has not acknowledged.

In accordance with Article L221-23 of the French Consumer Code, the return costs associated with exercising the right of withdrawal are borne by the consumer, who was informed of this before the contract was concluded. Return costs associated with a proven lack of conformity or hidden defect are, on the other hand, borne in full by the company MONTRE-HOMME-PAS-CHERE.com, which may in that case provide a prepaid return label.

For any exchange requested by the Customer that is not due to a product defect, a new payment request for the shipping costs of the replacement product may be sent using any of the payment methods offered.

14-e Condition of the product and depreciation

The Customer may handle and try the product to the extent necessary to establish its nature, characteristics and proper functioning, as they could have done in a shop.

In accordance with Article L221-23 of the French Consumer Code, the Customer is liable only for depreciation resulting from handling that goes beyond this. In that case, an amount proportional to the loss of value observed may be deducted from the refund; its amount and the reason for it will be communicated to the Customer.

The following in particular may give rise to such a deduction: a watch that has been worn, a scratched case or crystal, a shortened bracelet returned without the removed links, a forced or damaged clasp, the irreversible removal of a protective film, etc.

Returning the product in its original packaging is requested where possible, but is not a condition of the refund.

14.f Refund

MONTRE-HOMME-PAS-CHERE.com refunds the Customer all sums paid, including the standard outbound delivery costs, no later than fourteen (14) days after receiving their decision to withdraw, using the same payment method as the one used for the order.

MONTRE-HOMME-PAS-CHERE.com may defer the refund until the product has been recovered or until the Customer has provided proof of its dispatch, whichever occurs first.

14.g Statutory exclusions

In accordance with Article L221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for products made to the Customer's specifications or clearly personalised (engraving, made-to-measure sizing carried out at the Customer's request). These products are identified as such on their product page before the order is validated.

Article 15: Delivery terms

Products are delivered to the address given by the consumer on the order form. The consumer is asked to check the condition of the packaging on delivery and to report any damage caused in transit under the conditions and within the time limits set out in Article 16. On request, the consumer may have the invoice sent to the billing address rather than the delivery address by selecting the option provided for this purpose on the order form. As soon as the company MONTRE-HOMME-PAS-CHERE.com dispatches a parcel, the consumer receives an electronic message (email) informing them of this.

If the delivery address provided to Montre-Homme-Pas-Chere.com does not allow the postal service to deliver the parcel to its final destination, Montre-Homme-Pas-Chere.com will contact the consumer to arrange a new dispatch to a valid address, subject to a possible reasonable additional shipping charge. If this second address also proves to be incorrect through the consumer's fault, Montre-Homme-Pas-Chere.com will refund the consumer, less the shipping costs actually incurred.

Orders placed on MONTRE-HOMME-PAS-CHERE.com are sent by tracked shipping. In accordance with Article L216-4 of the French Consumer Code, MONTRE-HOMME-PAS-CHERE.com remains responsible for the proper delivery of the product until it is handed over to the Customer.

We cannot be held liable for longer delivery times directly attributable to the carrier for reasons specific to it and beyond our control (in particular a carrier strike), without prejudice to the consumer's right to have the contract terminated under the conditions of Article L216-6 of the French Consumer Code in the event of a significant delay after an unsuccessful formal notice.

Article 16: Delivery problems caused by the carrier

Any anomaly concerning the delivery (damage, product missing compared with the delivery note, damaged parcel, broken products, etc.) must be reported, as far as possible, in the form of precise and detailed handwritten reservations on the delivery note, accompanied by the consumer's signature. The consumer is then asked to confirm this anomaly by sending, within 10 working days of the delivery date, a registered letter with acknowledgement of receipt to the carrier setting out the claims, and to send a copy of this letter to the company MONTRE-HOMME-PAS-CHERE.com at the following address:

MY-MONTRE
BP 20075
31121 PORTET PDC
Mainland France

In the absence of reservations on delivery or of confirmation within this period, the consumer may nevertheless assert their rights under the statutory warranty of conformity or the warranty against hidden defects under the conditions of Article 14-b, this 10-day period concerning only the steps relating to the carrier's specific liability.

Article 17: Delivery errors

17-a: The consumer must submit to the company MONTRE-HOMME-PAS-CHERE.com, on the day of delivery or at the latest within 30 days of delivery, any claim relating to a delivery error and/or an obvious non-conformity of the products, in kind or in quality, compared with the details on the order form.

It is specified that this period is a priority handling period for delivery-error claims and in no way restricts the consumer's rights under the statutory warranty of conformity (2 years) or the warranty against hidden defects, set out in Article 14-b of these terms.

17-b: This claim may be submitted to the company MONTRE-HOMME-PAS-CHERE.com: preferably by simple electronic message, by logging in to the MONTRE-HOMME-PAS-CHERE.com online shop and filling in the form labelled "Add a message" relating to the order in the "My orders" section, or by email via the contact form available on the "Contact us" page.

17-c: Any claim for an obvious delivery error made after this 30-day period may be handled with lower priority, without depriving the consumer of their statutory rights under the warranties referred to in Article 14-b.

17-d: On receipt of the claim, the company MONTRE-HOMME-PAS-CHERE.com will assign an exchange number for the product(s) concerned and communicate it to the consumer by email or telephone. A product can only be exchanged once this number has been assigned.

17-e: Delivery error

In the event of a proven delivery error, any product to be exchanged or refunded must be returned to the company MONTRE-HOMME-PAS-CHERE.com in full, unworn and in its original packaging, to the following address:

MY-MONTRE
BP 20075
31121 PORTET PDC
Mainland France

The consumer is free to choose the shipping method. A tracked service is nevertheless recommended for traceability. To be accepted, any return must first be reported to the Customer Service of the company MONTRE-HOMME-PAS-CHERE.com. The outbound and return shipping costs are borne in full by the company MONTRE-HOMME-PAS-CHERE.com in the event of a delivery error or proven non-conformity attributable to the company, except where it turns out, after inspection, that the returned product does not match the original declaration made by the consumer in their return request.

Article 18: Product warranty

In accordance with Articles L217-3 et seq. of the French Consumer Code and 1641 et seq. of the French Civil Code, the provisions of these general terms and conditions of sale cannot deprive the consumer of the statutory warranty of conformity or of the statutory warranty against hidden defects in the item sold.

The consumer is expressly informed that the company MONTRE-HOMME-PAS-CHERE.com is not the producer of the products presented on the website, within the meaning of Law no. 98-389 of 19 May 1998 on liability for defective products. Consequently, in the event of damage caused to a person or to property by a defect in the product, only the liability of the product's producer may be sought by the consumer, without prejudice to the statutory warranties owed by the company MONTRE-HOMME-PAS-CHERE.com in its capacity as seller.

Given how frequently the components of technical products are renewed, MONTRE-HOMME-PAS-CHERE.com may, on request, inform the consumer of the availability of spare parts for the products offered and of how to obtain them.

Article 19: Intellectual property

All elements of the MONTRE-HOMME-PAS-CHERE.com website (texts, images, logos, structure, database) are protected under copyright and database law. Any reproduction, representation or use, in whole or in part, of these elements without the prior express authorisation of the company MONTRE-HOMME-PAS-CHERE.com is strictly prohibited and may constitute infringement within the meaning of Articles L335-2 et seq. of the French Intellectual Property Code.

Article 20: Force majeure

Neither party shall be deemed to have failed in its contractual obligations insofar as their performance is delayed, hindered or prevented by an unforeseeable event or force majeure. Any irresistible facts or circumstances that are external to the parties, unforeseeable, unavoidable, independent of the parties' will and which cannot be prevented by them despite all reasonably possible efforts shall be regarded as an unforeseeable event or force majeure.

The party affected by such circumstances shall notify the other within ten working days of the date on which it becomes aware of them. The two parties shall then meet, within one month, unless this is impossible due to the force majeure event, to examine the impact of the event and agree on the conditions under which performance of the contract will continue. If the force majeure event lasts longer than three months, these general terms and conditions of sale may be terminated by the injured party. The following are expressly regarded as cases of force majeure or unforeseeable events, in addition to those usually recognised by the case law of the French courts and tribunals: the blocking of means of transport or supply, earthquakes, fires, storms, floods, lightning; the shutdown of telecommunications networks or difficulties specific to telecommunications networks external to the customers.

Article 21: Partial invalidity

If one or more provisions of these general terms and conditions of sale are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent court, the other provisions shall retain their full force and scope.

Article 22: No waiver

The fact that one of the parties does not take advantage of a breach by the other party of any of the obligations referred to in these general terms and conditions of sale shall not be interpreted for the future as a waiver of the obligation in question.

Article 23: Headings

In the event of a difficulty of interpretation between any of the headings at the top of the clauses and any of the clauses, the headings shall be deemed non-existent.

Article 24: Governing law and dispute resolution

These general terms and conditions of sale are governed by French law, both as to substance and as to form, without prejudice, for consumers residing in another Member State of the European Union, to the mandatory provisions of the law of their country of residence.

In the event of a dispute, the consumer shall first contact the customer service of the company MONTRE-HOMME-PAS-CHERE.com to seek an amicable solution.

Failing an amicable resolution, in accordance with Articles L611-1 et seq. of the French Consumer Code, the consumer has the right to use, free of charge, a consumer mediator with a view to the amicable resolution of the dispute between them and the company MONTRE-HOMME-PAS-CHERE.com. The competent mediator is CM2C, whose contact details are as follows:

CM2C
49 rue de Ponthieu
75008 PARIS
Tel.: +33 1 89 47 00 14
Website: https://www.cm2c.net/declarer-un-litige.php
Email: litiges@cm2c.net

Failing an amicable resolution or resolution by mediation, any dispute falls within the jurisdiction of the French courts, under the ordinary rules of law (the consumer may bring the matter either before the court of the place where the defendant resides or before the court of the place of actual delivery of the goods, in accordance with Article R631-3 of the French Consumer Code).

Article 25: Personal data protection

The information requested from the consumer is necessary for processing their order and may be passed on to the contractual partners of the company MONTRE-HOMME-PAS-CHERE.com involved in fulfilling that order.

In accordance with Regulation (EU) 2016/679 of 27 April 2016 (GDPR) and amended French Law no. 78-17 of 6 January 1978 on information technology, files and civil liberties, the consumer has a right of access, rectification, erasure, restriction, objection and portability concerning the data relating to them.

The consumer may exercise these rights:

  • via the forms available in the "My account" section, after logging in to the website
  • in writing to the company MONTRE-HOMME-PAS-CHERE.com, whose contact details appear in the website's privacy policy

The consumer also has the right to lodge a complaint with the French data protection authority, the Commission Nationale de l'Informatique et des Libertés (CNIL — www.cnil.fr).

For more details on the data processing carried out, its purposes, retention periods and the recipients of the data, the consumer is invited to read the website's privacy policy, available at: https://montre-homme-pas-chere.com/en/info/149-privacy-policy.