I. Definition of terms
1. Customer: means the individual consumer, as defined under the French Consumer Code, who purchases a Product for personal use and not for resale or professional purposes.
2. Terms and Conditions of Sale: means these Terms and Conditions of Sale.
3. Contract: means the sales contract entered into between the Parties following an order for one or more Products.
4. Website User(s): means any person accessing and/or browsing the Website.
5. Party(ies): means the Customer and/or the Company.
6. Product(s): means any goods sold by the Company to the Customer, including, in particular, timepieces, watches, watch straps, and watch accessories marketed by the Company.
7. Website: means the websites operated by the Company for the online sale of Products, accessible at www.beaubleu-paris.com. The following domain names, which are owned by the Company, redirect to this website:
o beaubleu-paris.fr;
o beaubleu.com;
o beaubleu.eu;
o beaubleu.fr;
o beaubleu.org;
o beaubleu.paris;
o beaubleu.us.
8. Company: means BEAUBLEU, a French simplified joint-stock company (SAS) with share capital of €20,000.00, having its registered office at 70 rue Notre Dame de Nazareth, 75003 Paris, France, and registered with the Paris Trade and Companies Register under number 832 046 866.
II. Subject
1. The Company offers Products for sale to Customers. Orders for Products can be placed by a Customer from the Website or by contacting the Company directly.
2. The General Terms and Conditions of Sale describe the manner in which the Company offers and sells Products to Customers.
3. The General Terms and Conditions of Sale apply to all Product orders.
4. The General Terms and Conditions of Sale apply to any consumer as defined in the preliminary article of the Consumer Code, namely "any natural person acting for purposes which are outside the scope of their commercial, industrial, craft, liberal, or agricultural activity," for their personal needs, and not intended for resale or professional use.
5. The General Terms and Conditions of Sale have been made available to the Customer, who has read and accepted them without reservation.
III. Customer Responsibilities
1. The Client undertakes to collaborate in good faith and actively with the Company during the execution of the Contract.
2. The Client certifies that they have the necessary legal capacity to enter into a commitment, or failing that, that they have obtained the authorization of a guardian or curator if they are incapacitated, or of their legal representative if they are a minor.
IV. Customer Account
1. A personal account can be created on the Website for any order placed by an Internet user.
2. To create a personal account, the Internet user will be asked to provide certain personal information. Some of this information is deemed essential for creating the personal account. The refusal by an Internet user to provide such information will prevent the creation of the personal account.
3. When creating the personal account, the Internet user is invited to choose a password. This password guarantees the confidentiality of the information contained in the personal account. The Internet user therefore undertakes not to transmit or communicate it to a third party. Failing this, the Company cannot be held responsible for unauthorized access to an Internet user's personal account.
4. The Client undertakes to regularly verify their data and to make necessary updates and modifications online, from their personal account.
5. The personal account allows the Client to view and track all their orders placed on the Website and request their invoices.
6. Pages relating to personal accounts can be freely printed by the account holder. These pages are for informational purposes only, intended to ensure efficient management of the Client's orders.
7. The Company undertakes to securely store all contractual elements whose retention is required by law or current regulations.
8. The Company reserves the right to delete the account of any Client who violates the General Terms and Conditions of Sale, particularly when the Client provides inaccurate, incomplete, false, or fraudulent information, as well as when a Client's personal account has been inactive for more than one (1) year. Such deletion shall not constitute a fault of the Company or damage to the excluded Client, who may not claim any compensation as a result. This exclusion is without prejudice to the Company's ability to undertake legal action against the Client, when the facts justify it.
V. Order
1. To place an order, a Website User selects one or more Products and adds them to their shopping cart.
2. Product availability and prices are indicated on the Website in the description page for each Product. Products are offered subject to availability. Product and price offers remain valid for as long as they are displayed on the Website, except for special promotions whose validity period is specified on the Website. Website Users are advised to check Product availability on the relevant Product information page.
3. Certain Products are offered as limited editions. For such Products, the offer is valid exclusively until the relevant limited edition has been completely sold out. Once a limited edition has been fully sold, the Company will not accept any further orders or pre-orders for the Product concerned, even if the Product remains temporarily visible or listed on the Website or in any commercial materials.
4. The Company will use its best efforts to ensure that the Website reflects current Product inventory levels. There may be a delay between the actual inventory status and the corresponding update on the Website.
5. If a Product ordered by a Customer is found to be unavailable, the Company will inform the Customer as soon as possible that the order has been canceled due to the Product being out of stock. If an order includes multiple Products and one of the Products is ultimately found to be unavailable, the Company will inform the Customer that the unavailable Product cannot be shipped. The remainder of the order will be processed and shipped to the Customer within the timeframe stated in the order tracking email. In such case, the Customer may also choose to cancel the entire order, provided that the Customer first notifies the Company's customer service by telephone, mail, or email.
6. The Products offered on the Website are described and presented by the Company as accurately as possible so that the Customer has access to all information relating to the essential characteristics of the Product before placing an order, including its features, movement, color, and materials. In any event, despite the care taken by the Company, variations may occur between the presentation of the Products on the Website and the Product delivered.
7. Once the Website User has completed their Product selection, they may access their shopping cart by clicking the designated button.
8. By viewing their shopping cart, the Website User may verify the quantity and type of Products selected, as well as the unit price and total order price. At this stage, the Website User may remove one or more Products from their shopping cart. The Website User may also return to the Website to select additional Products.
9. If the Products in the shopping cart are satisfactory, the Website User may proceed to place the order. The Website User will then access a form where they may either enter their login credentials, if they already have an account, or create an account on the Website by completing the registration form with their personal information.
10. Once logged in or after fully completing the registration form, the Website User will be asked to review or modify their shipping and billing information and will then be directed to a secure payment interface displaying the words “Order with an obligation to pay” or equivalent wording.
11. Throughout the ordering process, up to and including the payment page, the Website User may view the order summary and return to previous pages to make changes.
12. Before paying for their order, the Customer may:
- Review the Products added to their shopping cart by clicking on the “Cart” section;
- Continue selecting Products by clicking the “Continue Shopping” button;
- Complete their order by clicking the “Checkout” button.
13. The Website User may modify or remove all or part of the contents of their shopping cart before confirming the order.
14. Once payment has been confirmed, the order will be considered final.
15. As soon as payment is received by the Company, the Company will electronically acknowledge receipt of the payment to the Customer. The Company will also send the Customer an email summarizing the order and confirming that it is being processed.
16. Payment of the order constitutes acceptance of the Company's offer based on the description of the Product.
17. The Company reserves the right not to process an order placed by a Customer, including:
- In the event of an order or orders that, by their quantity or frequency, exceed the needs of an average consumer;
- In the event of unreasonable requests or bad faith on the part of the Customer;
- In the event of a prior dispute with the Customer;
- In the event of an order that does not comply with these Terms and Conditions of Sale;
More generally, for any legitimate reason as provided for in Article L. 121-11, paragraph 1, of the French Consumer Code.
The Company will inform the Customer by email or telephone as soon as possible.
18. The Company reserves the right, at any time and at its discretion, to request additional information from the Customer regarding any order exceeding a certain number of Products in order to prevent fraud or unauthorized resale and to ensure the accuracy and integrity of the order.
VI. Pricing and Payment
1. The prices of the Products sold are those in effect on the day the order is placed. For Customers located in the European Union and the United States, prices are denominated in euros or US dollars, as applicable, and include all taxes (TTC). For Customers located in the rest of the world, prices are indicated exclusive of taxes (HT), excluding customs duties, import taxes, and any other local taxes that may apply, which remain entirely the responsibility of the Customer. The total amount due by the Customer is indicated on the order summary page, before final validation of the order, and includes, where applicable, depending on the country of delivery, the details of the order (the price of the Products, applicable taxes, and delivery charges). For Customers located in the rest of the world, the total amount indicated does not include customs duties, import taxes, and other local taxes which, if applicable, will be claimed directly from the Customer by the authorities or carriers.
2. For shipments within the European Union, taxes are charged at the time of order based on the country of delivery. Any change in the applicable VAT rate may be reflected in the price of the Products, without affecting orders already validated.
3. For shipments outside the European Union or to French overseas departments and territories (DOM-TOM), customs duties and/or local taxes may be charged upon receipt of the package by the Customer or prior thereto. These duties and taxes, which depend on the country of destination, remain the responsibility of the Customer.
4. No discount will be granted in case of early payment.
5. The Company reserves the right to modify its prices at any time. However, it undertakes to invoice the ordered Products at the prices indicated when the order was registered.
6. The prices displayed on the Site are applicable to orders placed by the Customer, subject to errors due to a technical problem, material errors, or obviously erroneous indications. In these cases, the Company will notify the Customer of the correct price as soon as possible, and the Customer will then have the option to cancel the order within eight (8) days without charge. The Company reserves the right to correct any pricing error as soon as it is identified. This may include correcting the price in its systems to reflect the correct price, canceling the order after notifying the Customer, or offering to purchase the Product at the corrected price. In the event of a pricing display error, the Company reserves the right to cancel any order placed at an erroneous price, regardless of the order's confirmation or shipping status. In no event shall the Company be held liable for a material display error relating to the price of one of its Products, nor for any direct or indirect consequences resulting from such errors.
7. The Customer can make payment by:
- Bank card: Visa, Mastercard, American Express, Cartes Bancaires;
- Payment in installments: Alma, Klarna (subject to acceptance by these providers);
- Electronic wallets: Apple Pay, Shop Pay, PayPal; and
- Bank transfer.
8. Bank card payments are made via secure transactions provided by third-party payment service providers, for example: Shopify Payments, an integrated payment service operated by Shopify. In the case of payment in installments, the payment processing, payment schedule, and, if applicable, the management of the deferred payment option are handled by Alma or Klarna, as third-party payment service providers. For bank card payments, the Company does not have access to any data relating to the Customer's payment methods, and no banking information of the Customer is stored by the Company.
Payment is made directly to the banking institution.
9. In the event of a bank card purchase, the Customer's bank account is debited at the time of order confirmation. Should the Site be technically unable to register the payment for the order, the order will be automatically cancelled.
10. In the event of payment by bank transfer, delivery times will only begin to run from the date the payment is received by the Company.
11. Depending on each order and/or each Product, the Company reserves the right not to offer certain payment methods or to offer others. In any case, the Company undertakes to clearly and legibly indicate the payment methods it accepts, particularly in the "Payment Methods" section.
12. All costs related to payment are borne by the Customer.
13. The Company will send or make available to the Customer an electronic invoice after each payment.
14. The Customer expressly agrees to receive invoices electronically.
15. The Customer undertakes to respect the agreed payment dates. Payment dates cannot be delayed under any pretext whatsoever, including in case of dispute.
16. Any sum not paid on the due date will automatically and without prior notice result in the application of late penalties calculated on the basis of a rate equal to three (3) times the legal interest rate, without this penalty affecting the enforceability of the principal sums due. Furthermore, any delay in payment will result in the defaulting Customer being charged collection fees of forty euros (€40.00), the immediate enforceability of all remaining due sums regardless of the agreed deadlines, increased by an indemnity of twenty percent (20%) of the amount, as well as the possibility of unilaterally terminating the Contract to the detriment of the Customer.
17. In the event of payment default, forty-eight (48) hours after an unsuccessful formal notice, the sale may be terminated automatically if the Company deems it appropriate, which may request, in summary proceedings, the return of the Products, without prejudice to any other damages. The termination will affect not only the order in question, but also all previous unpaid orders, whether delivered or in the process of being delivered and whether their payment is due or not, if the Company deems it appropriate.
18. When payment is staggered, non-payment of a single installment leads to the immediate enforceability of the entire debt, without prior notice, and also authorizes the Company to no longer deliver Products, notwithstanding the existence of any ongoing Contract.
19. The Company reserves the right to demand guarantees, cancel an order, or modify payment terms in the event of a deferred due date, unpaid bills, poor or doubtful solvency of the Customer, or in the event of loss of credit insurance coverage.
20. The Parties expressly agree that in the event the Customer cancels one or more previous orders or fails to pay one or more invoices by the due date, contracts for future deliveries may be terminated automatically and without prior notice.
VII. Terms of Use of the Products
1. The essential characteristics of the Products (movement, materials, water resistance, color, etc.) are described in the documentation provided by the Company and/or on the Website.
2. The Customer is solely responsible for the proper use of the Products in accordance with the use and care instructions provided by the Company and/or supplied with the Products (user manuals, technical specifications, etc.).
Accordingly, the Customer agrees to use the Products under normal operating conditions, particularly with regard to their technical characteristics, including water resistance, exposure to shocks, magnetic fields, chemicals, etc., and to carry out the recommended maintenance.
3. The Company shall under no circumstances be held liable for damage resulting from improper use of the Products or use that does not comply with the applicable use and care instructions, nor for damage caused by impacts, drops, rough handling, unauthorized repairs or interventions, opening of the cases by unauthorized third parties, or exposure of the Products to abnormal conditions (temperature, humidity, corrosive substances, etc.).
4. In the event of damage caused by the Customer or resulting from improper use of the Products, any necessary repairs will be charged to the Customer at the rates in effect at the time the repair is requested, and the Company shall not be held liable in this regard.
VIII. Delivery
1. Delivery is made:
- Either by direct hand-over of the Products to the Customer;
- Or by sending a store pick-up notification to the Customer;
- Or to the location indicated by the Customer on the purchase order or when placing the order.
2. The delivery dates communicated by the Company are provided for information purposes only and are subject to change. The Company will make every effort to meet the indicated delivery times but cannot be held responsible for delivery delays due to circumstances beyond its control, such as force majeure events, carrier delays, strikes, interruptions in logistics services, or any other unforeseen event.
3. Except in the case of a pre-order, the Company delivers the Products within a maximum of thirty (30) days after the Customer's order, unless otherwise agreed. In the case of a pre-order, the Customer is informed, at the time of the order, of an estimated delivery time (for example: estimated delivery within six (6) months from the order) which the Company endeavors to respect, without this constituting a guaranteed delivery time. In the event of a delay, including for a pre-order, the Customer may formally request the Company to deliver within a reasonable additional period, and then terminate the contract if delivery does not occur within this new period. In the event of termination, the Company will refund all sums paid, including standard delivery charges, within fourteen (14) days.
4. The Company reserves the right to make partial deliveries. Each partial delivery will be considered a separate delivery, and the delay or non-delivery of one part of the order will not affect the other elements of the order.
5. Transport costs are borne by the Company, unless expressly agreed otherwise in writing with the Customer.
6. The Customer is solely responsible in the event of delivery failure due to missing or incorrect information provided when placing an order
IX. Retention of title and transfer of risks
1. The Products are delivered subject to a retention of title clause benefiting the Company.
2. In accordance with the rules applicable to retention of title clauses, the Products remain the property of the Company until full and effective payment of the agreed price, including principal and ancillary costs.
3. In the event of default of payment, the Company is entitled to reclaim the Products. The Client is then obliged to return them upon first request. The costs and risks associated with the return of the Products shall be borne exclusively by the Client.
4. The Client undertakes, as an obligation of result, to keep the Products in perfect condition by exercising all necessary care and by subscribing to necessary insurance policies, if applicable.
5. The Products sold remain the property of the Company until their price is paid in full.
6. Failure to pay may result in the termination of the Contract and the return of the Products.
7. The Client acknowledges, in the event of an exchange of a Product, that ownership of the initial Product is transferred to the Company as soon as the Client has taken possession of the new Product at the time of exchange with the initial Product. Consequently, in the event of non-return of the initial Product, the Client is liable for the price of the initial Product as well as the price of the replacement Product.
8. Notwithstanding the retention of title clause, the risk of loss or damage to the Product is transferred to the Client at the moment the Client or a third party designated by the Client, other than the carrier, takes physical possession of the Product. By derogation from the foregoing, when the Client entrusts the delivery of the Product to a carrier chosen by the Client and not proposed by the Company, the risk of loss or damage to the Product is transferred to the Client upon delivery of the Product to the carrier.
X. Warranty
1. Irrespective of the legal guarantees granted to the Customer, the Company remains liable for non-conformities of a Product sold, as defined in Articles L 217-3 to L 217-7 of the Consumer Code.
2. The Company also grants the Customer a manufacturer's commercial warranty covering manufacturing and functional defects affecting the Products. The manufacturer's commercial warranty is granted for a period of three (3) years from the date of purchase shown on the invoice issued by the Company.
3. The Company also remains liable for the legal warranty against hidden defects under the conditions set out in Articles 1641 to 1649 of the Civil Code.
4. To implement the warranty, the Customer must return the Product to the Company's head office, at their own expense, accompanied by an explanatory letter requesting either repair or exchange.
5. No returns of Products will be accepted without the prior written agreement of the Company.
6. The Customer can choose between repair or replacement of the Product, provided that the cost of repairing the Product is not manifestly disproportionate.
7. Given the limited series production of certain Products, the availability of spare parts necessary for their repair is only guaranteed within the limits of stocks held by the Company and/or its partners. The Company does not undertake to ensure the reparability of Products beyond this availability and will inform the Customer, when handling their request under legal warranties or commercial warranty, when repair or replacement of the Product proves impossible due to the definitive unavailability of spare parts.
8. In all cases, and unless otherwise agreed beforehand, expressly and in writing by the Company, it is agreed that, when the Customer benefits from the option of exchanging a Product, they are obliged to return the original Product to the Company, whether this return occurs concomitantly with the delivery of the new Product or subsequently.
9. The return costs of the Product remain the responsibility of the Customer, except for consumer Customers implementing the warranty of conformity as per articles L 217-4 et seq. of the Consumer Code.
10. The Customer is responsible for the packaging method used to return the Product, which must be carried out in such a way that the Product can travel without risk of breakage or damage.
11. The Customer acknowledges that legal warranties cannot be implemented if the damage to the Product results from use not in accordance with the instructions provided in the notices and documents accompanying the said Product.
XI. Right of withdrawal
1. In accordance with current distance selling legislation, the Customer has a period of fourteen (14) clear days to exercise their right of withdrawal without having to give reasons or pay penalties, with the exception, where applicable, of return costs.
2. The fourteen (14) clear day period runs from the receipt of the Products by the Customer or a third party, other than the carrier, designated by them.
3. In the case of an order for several Products delivered separately or in the case of an order for a Product composed of multiple lots or parts whose delivery is staggered over a defined period, the period runs from the receipt of the last item or lot or the last part.
4. When the fourteen (14) clear day period expires on a Saturday, Sunday or public holiday or non-working day, it is extended until the next working day.
5. The decision to withdraw must be notified to the Company by means of an unambiguous written declaration. The Customer may, for example, use the standard form provided at the end of the General Terms and Conditions of Sale. In any event, the Company will send the Customer an acknowledgement of receipt of said withdrawal by e-mail as soon as possible.
6. The conditions, deadlines and terms of exercising the right of withdrawal are set out in the standard form provided at the end of the General Terms and Conditions of Sale.
7. Once the decision to withdraw has been sent to the Company, the Customer returns or hands over the Products to the Company or to any person designated by the latter, as soon as possible and, at the latest, within fourteen (14) days following the notification of their decision to withdraw.
8. The Customer must in all cases always properly store and protect the Products delivered. Products must be returned complete (box, outer box, cases, cushions, over-protections, booklets, certificates, accessories, etc.), in their original condition, unworn, undamaged, unsoiled and unaltered, allowing for new marketing in new condition. If the Customer does not comply with their obligation to store, the Company may refuse to take them back (even in case of non-compliant delivery or defects) if the Products are no longer suitable for normal use or for resale in new condition following a fault attributable to the Customer, particularly in the event of actual wearing of the watch. The Customer must bear the loss of value of the returned Product if this loss of value is due to handling other than that necessary to ascertain the nature, characteristics and correct functioning of the Product.
9. When the right of withdrawal is exercised, the Company will reimburse the Customer for all sums paid, as soon as possible, subject to the proper receipt of the Products returned by the Customer and their perfect condition. If applicable, the Company will make the reimbursement using the same payment method as that used by the Customer for the initial transaction, unless the Customer expressly agrees to the use of another payment method and insofar as the reimbursement does not incur any costs for the Customer.
10. However, the Company is not obliged to reimburse additional costs if the Customer has expressly chosen a more expensive delivery method than the standard delivery method offered.
11. The costs of returning the Products are borne by the Customer.
12. The Customer's liability is only engaged in the event of depreciation of the Product resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of this Product.
13. The right of withdrawal does not apply, in particular:
- To the supply of goods made to the Customer's specifications or clearly personalised;
- To the supply of goods liable to deteriorate or expire rapidly;
- To the supply of goods which have been unsealed by the Customer after delivery;
- To the supply of goods which, after being delivered and by their nature, are inseparably mixed with other items;
- To contracts fully executed by both Parties at the express request of the Customer before the latter exercises their right of withdrawal.
14. The Company reserves the right to defer reimbursement until the Products are recovered, or until the Customer has provided proof of shipment thereof.
15. If the conditions applicable to the exercise of the right of withdrawal are not fully met, the Company reserves the right:
- To refuse the return of Products and/or their reimbursement; and/or
- To reduce the amount of reimbursement if the Products have suffered a depreciation in value due to handling other than that necessary to establish the nature, characteristics and functioning of the Products.
XII. Company's Responsibility
1. The Company agrees to exercise the care and diligence necessary to provide Products that meet the quality standards and specifications set forth in these Terms and Conditions of Sale.
2. The Company's obligations with respect to the Products covered by these Terms and Conditions are obligations to use reasonable efforts only.
3. The Company shall not be liable in the event of force majeure or any fault or misconduct on the part of the Customer.
4. Customer fault or misconduct includes, in particular, any improper use of the Products or the Website, any negligence, omission, or failure on the Customer's part, failure to comply with the Company's recommendations, disclosure or misuse of login credentials, or the provision of inaccurate or outdated information in the Customer Account.
5. Unless otherwise required by applicable laws or regulations, the Company's liability shall be limited to direct, personal, and actual damages suffered by the Customer as a result of the relevant failure. The Company shall in no event be liable for any indirect or consequential damages. In any event, and subject to the same limitations, the Company's total liability for damages shall not exceed the purchase price of the Product ordered.
XIII. Force Majeure
1. In the event of a force majeure, the performance of the Company's obligations shall be suspended, in whole or in part, for the duration of such event. The Company shall not be held liable for any delay in or failure to perform its obligations resulting from the occurrence of such event.
2. A force majeure event is any event beyond the Company's control, reasonably unforeseeable at the time the Contract was entered into, the effects of which cannot be avoided by appropriate measures and which prevents the Company from performing its obligations.
3. The Company shall inform the Client by any means within seven (7) days of the occurrence of the force majeure event. The Company shall then be authorized to suspend the performance of its obligations for the duration of such event.
4. If the impediment is permanent, the Contract may be terminated by either Party by registered letter with acknowledgment of receipt. The termination of the Contract shall not give rise to any compensation.
XIV. Intellectual property
1. The Client is prohibited from reproducing, in whole or in part, the designs of Products or goods they have purchased or viewed, under penalty of prosecution.
2. They are also prohibited from transmitting to any third party information allowing for the total or partial reproduction of the designs, Products, or goods originating from the Company.
XV. Substitution and Non-Representation
1. The Company may assign all or part of the rights and obligations arising from the Contract provided that the third party is informed of its obligation to comply with the provisions of the Contract.
2. The contractual relationship between the Parties is that of independent contractors.
3. Neither Party has the power to represent the other, or to enter into a contract on behalf of the other.
4. The Company does not represent the third parties it mandates for the fulfillment of its obligations, and, consequently, cannot be held responsible for the poor execution or non-execution of their obligations.
XVI. Suspension and Termination of the Agreement
1. In the event of the Client's failure to comply with any of its obligations, the Company reserves the right to suspend the performance of the Contract. Consequently, the Client undertakes to pay any amount invoiced by the Company corresponding to services already rendered and/or Products already ordered and/or delivered.
2. If the Client refuses to perform any of its obligations, the Company may terminate the Contract. Consequently, the Client undertakes to pay any amount invoiced by the Company corresponding to services already rendered and/or Products already ordered and/or delivered.
XVII. Personal Data
1. As part of its services, the Company processes its Customers' personal data. It acts as a data controller within the meaning of Regulation (EU) 2016/679 of 27 April 2016 (GDPR) and amended Law n° 78-17 of 6 January 1978.
2. Internet users are free to provide personal information about themselves.
3. The data collected is necessary for the proper administration of the services offered on the Website and for the Company to comply with its contractual obligations.
4. The Company processes the following categories of data: identification data (surname, first name, title), contact details (postal address, e-mail address, telephone number), data relating to the Customer account and Orders (purchase history, delivery and billing address, payment method - excluding full bank card data), data relating to the commercial relationship (requests for information, complaints, exchanges with customer service), as well as connection and navigation data (logs, IP address, connection identifiers, cookies and trackers).
5. The processing carried out by the Company serves the following purposes:
- Management of Customer orders and the Contract (account creation and management, order processing and tracking, invoicing, delivery, after-sales service, complaint management);
- Accounting, tax and evidentiary management (retention of accounting records, management of unpaid debts and litigation);
- Website management and security (payment security, fraud prevention, information system security, traffic statistics);
- Commercial prospecting and newsletters (sending offers, information and news about Products).
6. Providing personal information is not essential for browsing the Website. However, registration on the Website and the creation of a personal account requires the Company to collect a certain amount of personal information about Internet users.
7. The information identified as mandatory in the collection forms is necessary for account creation, placing and fulfilling Orders and/or complying with legal obligations. Failure to provide this information may make it impossible to create an account, place or fulfil an Order.
8. Personal data is intended for the Company's authorised departments and, strictly to the extent necessary for the above purposes, to its service providers and subcontractors acting on its behalf (hosting provider, payment provider, logistics and delivery provider, IT maintenance provider, e-mail routing provider, etc.). They may also be communicated to the competent administrative or judicial authorities, upon request or to enable the Company to defend its rights.
9. In principle, data is hosted and processed within the European Union. If certain of the Company's service providers are located outside the European Union or if data transfers outside the European Union were to occur, these would be governed by appropriate safeguards, a copy of which the Customer may obtain upon request.
10. The Company implements appropriate technical and organisational measures to preserve the security, integrity and confidentiality of personal data and, in particular, to prevent them from being distorted, damaged or accessed by unauthorised third parties.
11. Under the conditions and within the limits provided for by the applicable regulations, any person concerned by processing has the following rights over their data: right of access, rectification, erasure (right to be forgotten), restriction of processing, objection to processing (particularly in the case of commercial prospecting), as well as a right to portability of their data when processing is based on consent or the performance of the Contract and carried out using automated processes. When processing is based on consent, the data subject may withdraw it at any time, without affecting the lawfulness of processing based on consent carried out before such withdrawal.
12. These rights may be exercised at any time with the Company, by proving identity, by e-mail to the following address: contact@beaubleu-paris.com or by postal mail addressed to the Company's registered office.
13. The data subject has the right to lodge a complaint with the competent supervisory authority, particularly with the Commission Nationale de l'Informatique et des Libertés (CNIL) in France (www.cnil.fr).
14. Where the Company has appointed a Data Protection Officer (DPO), the Customer may contact them for any questions relating to the processing of their personal data and the exercise of their rights, at the contact details indicated on the Website or, failing that, via the Company's contact details mentioned above.
15. Personal data is retained for the period strictly necessary for the purposes pursued, namely:
- For Customer account and order management: for the duration of the contractual relationship, then for a period of five (5) years from the end of the commercial relationship (last contact from the Customer or last order) for evidentiary and litigation management purposes;
- For invoicing and accounting records: for a period of ten (10) years from the closing of the financial year concerned, in accordance with legal obligations;
- For commercial prospecting: for a period of three (3) years from the end of the commercial relationship with the Customer or the last contact from the prospect, unless objection or withdrawal of consent;
- For connection data (logs, IP address): for a maximum period of six (6) months, subject to a longer period in the event of criminal proceedings or the need for evidence.
Beyond these periods, data is deleted or archived in anonymised form.
16. The contact details of all Internet users registered on the Website are saved for a maximum period of six (6) months from the deletion of the member area, a reasonable period necessary for the proper administration of the Website and normal use of personal data.
17. In addition, the Company reserves the right to collect the public IP (Internet Protocol) address of Internet users. An IP address is a series of numbers separated by dots that uniquely identifies a computer on the Internet.
18. The collection of an Internet user's IP address is carried out anonymously. It is retained for the same period as personal information and will only be used to ensure the proper administration of the services offered on the Website.
19. Browsing the Website may result in the installation of cookies or trackers on the Internet user's terminal. The terms of use of cookies, the purposes pursued, their retention period and the means of accepting, refusing or configuring them are detailed on the Website.
20. The Company must communicate all personal data relating to an Internet user to the Police (upon judicial requisition) or to any person (upon court order). The IP address of any computer may be cross-referenced with the actual identity of the subscriber held by the ISP (internet service provider).
XVIII. After-sales service and customer support
1. The Company offers after-sales service for the Products as follows:
- In-warranty repairs are carried out free of charge for manufacturing defects found within four (4) months from the date of purchase, upon presentation of the purchase invoice;
- Out-of-warranty repairs will be charged according to the rates in effect at the time of the repair request.
2. To benefit from after-sales service, the Customer must contact the Company's customer service department and follow the specific procedures established by the Company.
3. The Company's customer service department can be contacted by a Customer from Monday to Friday from 9:30 a.m. to 7 p.m. at the non-premium rate telephone number indicated on the Website's homepage and by email at: contact@beaubleu-paris.com or by post addressed to the Company's registered office address.
XIX. Miscellaneous Provisions
1. Placing an order implies the Client's full and unreserved acceptance of the General Terms and Conditions of Sale.
2. No special conditions may prevail over the General Terms and Conditions of Sale, unless the Company has given prior, express, and written acceptance.
3. Any conflicting condition put forward by the Client shall therefore, in the absence of express acceptance, be unenforceable against the Company, regardless of when it may have been brought to its attention.
4. The possible lapse of any of the clauses of the General Terms and Conditions of Sale, for whatever reason, does not affect the validity of the other clauses of the General Terms and Conditions of Sale, whatever they may be, nor of the General Terms and Conditions of Sale as a whole, provided that the overall balance of the latter is preserved. In such a case, the Client and the Company undertake to substitute, if possible, the inapplicable clause with a clause corresponding to the spirit and purpose of the inapplicable clause.
5. The General Terms and Conditions of Sale may be modified by the Company at any time, without prior notice. The General Terms and Conditions of Sale applicable to the Client are those in force on the day the order is placed on the Site. Subsequent modifications to the General Terms and Conditions of Sale only apply to orders placed after their entry into force.
6. Current Contracts remain subject to the General Terms and Conditions of Sale as they were applicable at the time the sale was concluded.
7. The Company advises the Client to save and/or print the General Terms and Conditions of Sale for safe and durable retention, and to be able to consult them at any time during the execution of the Contract if necessary.
8. The General Terms and Conditions of Sale are accessible on the Site.
9. Checking the aforementioned box will be deemed to have the same value as a handwritten signature by the Client. The Client acknowledges that the Site electronically records, in a durable manner, proof of their agreement to the application of the General Terms and Conditions of Sale to the Contract. Consequently, they waive the right to contest such proof in the event of a dispute.
10. The General Terms and Conditions of Sale are applicable to the relations between the Parties to the exclusion of all other general terms and conditions, and notably those of the Client.
XX. Governing law and dispute resolution
1. The Contract, the General Terms and Conditions of Sale, and all contractual relations between the Parties are governed by French law.
2. In the event of a dispute between the Parties, they shall make their best efforts to resolve it amicably. Any dispute related to the interpretation and/or execution of the Contract and/or the General Terms and Conditions of Sale must, first and foremost and to the fullest extent possible, be settled by amicable negotiations between the Parties.
3. For any request related to the Contract and/or the General Terms and Conditions of Sale, the Client shall send a registered letter with acknowledgment of receipt to BEAUBLEU, 70 rue Notre Dame de Nazareth, 75003 PARIS.
4. For any dispute relating to the order, the Client acknowledges having been informed of the possibility of resorting to a conventional mediation procedure or any other alternative dispute resolution method.
5. In the event of a dispute relating to the performance of the Contract, the Client may submit their written complaint by registered letter with acknowledgment of receipt to the Company's customer service: BEAUBLEU, customer service, 70 rue Notre Dame de Nazareth, 75003 PARIS. The Company will process the complaint within one (1) month.
6. In the absence of an amicable agreement, a Client who can be considered a consumer has the option of free recourse to the consumer mediator with jurisdiction over the Company, namely AME-Conso, with whom the Federation of Horology (of which BEAUBLEU is a member) has entered into a partnership agreement, within one (1) year from the date of the written complaint sent to the Company by registered letter with acknowledgment of receipt. In accordance with articles L.152-1 and R.152-1 of the French Consumer Code and provided that a written complaint has first been sent to BEAUBLEU, customer service, 70 rue Notre Dame de Nazareth, 75003 PARIS by registered letter with acknowledgment of receipt and that this complaint has remained unsuccessful, a Client who can be considered a consumer may have free recourse to AME-Conso, with whom the Federation of Horology (of which BEAUBLEU is a member) has entered into a partnership agreement, within one (1) year from the date of the written complaint sent to the Company by registered letter with acknowledgment of receipt.
The consumer mediator must be contacted:
- Either by completing the form provided for this purpose on the AME-Conso website: https://www.mediationconso-ame.com/;
- Or by mail addressed to AME-Conso, 197 boulevard Saint-Germain, 75007 PARIS.
7. Any persistent dispute between the Parties that could not be resolved amicably between the Company and the Client will be submitted to the competent courts. For Clients who can be considered consumers, any dispute relating to the validity, execution, interpretation, termination, or their consequences and follow-ups of the contractual relations between the Parties will be submitted to the competent courts under applicable law.
XXI. Right of withdrawal form
If you wish to withdraw your order, you can use the form opposite.
CANCELLATION FORM TEMPLATE
(Please complete and return this form only if you wish to withdraw your order.)
To BEAUBLEU, SAS with a capital of 20,000.00 euros, whose registered office is located at 70 rue Notre Dame de Nazareth, 75003 PARIS, registered with the PARIS trade and companies register under number 832 046 866, email: contact@beaubleu-paris.com, intra-community VAT number: FR34832046866.
Conditions:
- Complete and sign this form;
- Send it by registered letter with acknowledgment of receipt to the address indicated;
- Send it no later than the fourteenth (14th) day from the day of the order or, if this period normally expires on a Saturday, Sunday, or a public holiday or non-working day, on the first following working day.
I/we hereby notify you of my/our withdrawal from the contract for the sale of the goods/for the provision of services below:
Nature of goods or services ordered: ......................................................................................................................
Order date:
......................................................................................................................
Order number:
......................................................................................................................
Date of receipt of the order:
......................................................................................................................
Customer name:
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