I. Definition of terms
1. Company: means BEAUBLEU, a société par actions simplifiée (SAS) with share capital of EUR 20,000.00, 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.
2. Contract: means the sales contract entered into between the Parties following an order for Product(s).
3. Customer: means the individual considered to be a consumer within the meaning of the French Consumer Code, ordering a Product for personal purposes, not intended for resale or professional use.
4. General Terms and Conditions of Sale: means these General Terms and Conditions of Sale.
5. User(s): means any person accessing and/or browsing the Website.
6. Party(ies): means the Customer and/or the Company.
7. Product(s): means any goods sold by the Company to the Customer, including, in particular, horological products, watches, watch straps, and horological accessories marketed by the Company.
8. Website: means the websites operated by the Company for the online sale of Products, accessible at the following address: www.beaubleu-paris.com it being specified that the following domain names, 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.
II. Purpose
1. The Company offers Products for sale to Customers. Products may be ordered by a Customer via the Website or by contacting the Company directly.
2. The General Terms and Conditions of Sale describe the terms and conditions under which the Company offers and sells Products to Customers.
3. The General Terms and Conditions of Sale apply to any order for a Products.
4. The Terms and Conditions of Sale shall apply to any consumer as defined in the introductory article of the French Consumer Code, namely “any natural person who acts for purposes that do not fall within the scope of their commercial, industrial, artisanal, liberal or agricultural activity”, for their personal needs and not 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's Undertakings
1. The Customer undertakes to cooperate in good faith and actively with the Company throughout the performance of the Contract.
2. The Customer certifies that they have the necessary legal capacity to enter into a undertaking or, failing that, that they have obtained the authorisation of a guardian or curator if they lack capacity, or of their legal representative if they are a minor.
IV. Personal area
1. A personal area may be created on the Website for any order placed by a User.
2. To create their personal area, the User will be invited to provide certain personal information. Some of this information is deemed essential for creating the personal account. The User's refusal to provide such information shall prevent the creation of the personal account.
3. When creating the personal account, the User is invited to choose a password. This password guarantees the confidentiality of the information contained in the personal account. The User therefore undertakes not to transmit or communicate it to any third party. Failing this, the Company may not be held responsible for unauthorized access to an User's personal account.
4. The Customer undertakes to regularly verify the data relating to the Customer and, online, from the personal account, to make the necessary updates and amendments.
5. The personal account enable the Customer to consult and track all orders placed on the Website and request that invoices be sent.
6. The pages relating to personal accounts may be freely printed by the account holder. These pages are provided solely for informational purposes to ensure the effective management of the Customer's orders.
7. The Company undertakes to securely retain all contractual documents whose retention is required by applicable law or regulations.
8. The Company reserves the right to delete the account of any Customer who breaches the Terms and Conditions of Sale, in particular where the Customer provides inaccurate, incomplete, misleading or fraudulent information, or where a Customer's personal account has remained inactive for more than one (1) year. Such deletion shall not constitute a breach of the Company or give rise to any loss suffered by the excluded Customer, who shall not be entitled to claim any compensation on that basis.
This exclusion shall be without prejudice to the Company’s right to bring legal proceedings against the Customer where the circumstances warrant such action.
V. Order
1. To place an order, a User selects one or more Products and adds them to their basket.
2. The availability and prices of the Products are indicated on the Website in the description sheet for each Product. The Products are subject to availability. Products and prices remain valid for as long as they are visible on the Website, except for special offers whose validity period is specified on the Website. The User is invited to check the availability of the Products on the information page for the Product concerned.
3. Certain Products are offered in limited editions. For these Products, the offer is valid exclusively until the relevant edition is definitively sold out. Once the limited edition has been entirely sold out, no new order or pre-order for the Product concerned may be accepted by the Company, even if the Product remains temporarily visible or listed on the Website or in any commercial documentation.
4. The Company uses its best efforts to ensure that the Website reflects the current stock of Products. A delay may occur between the stock status and its update on the Website.
5. In the event that an ordered Product proves to be unavailable, the Company shall inform the Customer as soon as possible of the cancellation of the order on account of the unavailable stock.
In the event that several Products are ordered, if one of the Products ultimately proves to be unavailable, the Company shall then inform the Customer that it is impossible to ship the unavailable Product.
The remainder of the order shall be processed and dispatched to the Customer within the time limits stated in the email providing information on the tracking of the order.
In such event, the Customer may also elect to cancel the order in its entirety, provided that the Customer first informs the Company's customer service department by telephone, letter or email.
6. The Products offered on the Website are described and presented by the Company as precisely 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, mechanism, color, and materials. In any event, notwithstanding all the care taken by the Company, discrepancies may arise between the presentation of the Products on the Website and the Product delivered.
7. Once the User has completed their selection of Product(s), they may access their basket by clicking on the button provided for this purpose.
8. By consulting their basket, the User may check the quantity and nature of the Products they have selected, and verify their unit price and the total price of the order. On this occasion, the User may remove one or more Products from their basket. The User may also decide to return to browsing the Website in order to select other Products.
9. If the Products in the basket are suitable for the User, the User may confirm the order. The User is then directed to a form on which they may either enter their login details, if they already have them, or register on the Website by completing the registration form with their personal information.
10. Once logged in or after having duly completed the registration form, the User is invited to check or amend their delivery and billing details, and is then invited to make payment by being redirected for this purpose to the secure payment interface displaying the wording “order with obligation to pay” or any equivalent wording.
11. Throughout the ordering process, up to and including the payment page, the User may view the order summary and return to previous pages in order to amend it.
12. Before the Customer makes payment for their order, the Customer may:
- Check the Products added to their basket cart by clicking on the “Basket” section;
- Continue selecting Products by clicking the “Continue Shopping” button;
- Finalise their order by clicking the “Confirm my basket” button.
13. The User may amend or delete all or part of their basket before confirming it.
14. Once payment has been confirmed, the order shall be deemed final.
15. As soon as payment is received by the Company, the Company undertakes to acknowledge receipt thereof to the Customer electronically. The Company shall also send the Customer an email summarising the order and confirming its processing.
16. Effective payment for the order constitutes acceptance of the Company's offer with regard to the description of the Product.
17. The Company reserves the right not to process an order placed by the Customer, in particular:
- In the event of order(s) which, by their content or frequency, exceed the needs of an average consumer;
- In the event of abnormal or bad faith requests from the Customer;
- In the event of a previous dispute with the Customer;
- In the event of an order that does not comply with the General Terms and Conditions of Sale;
- And more generally, in the event of a legitimate reason as provided for in the first paragraph of Article L. 121-11 of the French Consumer Code.
The Company shall then inform the Customer thereof 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 concerning 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. Prices and Payment
1. The prices of the Products sold are those in force on the date the order is placed. For Customers located in the European Union and the United States-, prices are expressed in euros or US dollars, as applicable, and are inclusive of all taxes. For Customers located in the rest of the world, prices are exclusive of taxes, customs duties, import taxes and any other applicable local taxes, all of which shall be borne in full by the Customer. The total amount payable by the Customer is indicated on the order summary page, before final validation of the order-confirmation, and includes, where applicable, depending on the country of delivery, the details of the order (the price of the Products, applicable taxes and delivery costs). For Customers located in the rest of the world, the total amount stated does not include customs duties, import taxes or other local taxes which, where applicable, will be claimed directly from the Customer by the authorities or carriers.
2. In the case of a shipment within the European Union, taxes are charged at the time of ordering according to the country of delivery. Any change in the applicable VAT rate may be passed on to the price of the Products, without affecting orders that have already been confirmed.
3. In the event of a shipment outside the European Union or to the French overseas departments and territories, customs duties and/or local taxes may be charged to the Customer upon receipt of the parcel orbeforehand. These duties and taxes, which depend on the destination country, shall be borne by the Customer.
4. No discount shall be granted for early payment.
5. The Company reserves the right to change its prices at any time. However, it undertakes to charge the prices indicated at the time the order was placed for the Products ordered.
6. The prices displayed on the Site shall apply to orders placed by the Customer, subject to errors resulting from a technical problem, clerical errors, or manifestly erroneous indications. In such cases, the Company shall inform the Customer of the correct price as soon as possible, and the Customer shall 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, cancelling the order after notifying the Customer, or offering to sell the Product at the corrected price. In the event of an error in the displayed price, the Company reserves the right to cancel any order placed at an incorrect price, irrespective of the order’s confirmation or dispatch status. Under no circumstances shall the Company be liable for any clerical error in the displayed price of any of its Products, nor for any direct or indirect consequence resulting from such errors.
7. The Customer may make payment by:
- Bank card: Visa, Mastercard, American Express, Cartes Bancaires;
- Payment in instalments: Alma, Klarna (subject to acceptance by these providers);
- Electronic wallets: Apple Pay, Shop Pay, PayPal; and
- Bank transfer.
8. Payments by credit card are made through secure transactions provided by third-party payment service providers, such as Shopify Payments, an integrated payment service operated by Shopify. In the event of payment in instalments, payment processing, the payment schedule and, where applicable, the management of the deferred payment option are handled by Klarna, in its capacity as a third-party payment service provider. In the context of payments by bank card, the Company has no access to any data relating to the Customer’s means of payment, 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 purchase by bank card, the Customer’s bank account is debited when the order is confirmed. Should the Website be technically unable to record payment for the order, the order shall be automatically cancelled.
10. In the event of payment by bank transfer, the delivery periods shall begin to run only from the date on which the Company receives the payment.
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 event, the Company undertakes to clearly and legibly indicate the payment methods accepted by it, in particular under the “Payment Methods” section.
12. All costs associated with payment shall be borne by the Customer.
13. The Company shall send or make available to the Customer an invoice electronically after each payment.
14. The Customer expressly agrees to receive invoices electronically.
15. The Customer undertakes to comply with the agreed payment dates. Payment dates may not be deferred for any reason whatsoever, including in the event of a dispute.
16. Any sum not paid when due shall automatically and without prior notice give rise to the application of late-payment penalties calculated on the basis of a rate equal to three (3) times the statutory interest rate, without such penalty affecting the due and payable nature of the principal sums owed. In addition, any late payment shall result in the defaulting Customer being charged collection costs in the amount of forty euros (€40.00), the immediate payment becoming due of all sums remaining outstanding, irrespective of the agreed payment terms, increased by an indemnity of twenty per cent (20%) of the amount due, as well as the possibility of unilaterally terminating the Contract at the Customer’s fault.
17. In the event of non-payment, forty-eight (48) hours after a formal notice to pay has remained unsuccessful, the sale may be rescinded as of right at the Company’s discretion, and the Company may apply for the return of the Products in summary proceedings, without prejudice to any other damages and interest. The rescission shall affect not only the order in question, but also all previous unpaid orders, whether delivered or in the process of being delivered and whether or not payment thereof is due, at the Company’s discretion.
18. Where payment is made by instalments, failure to pay any single instalment shall render the entire debt immediately due and payable, without prior formal notice, and shall further entitle the Company to cease delivering Products, notwithstanding the existence of any Contract then in force.
19. The Company reserves the right to require guarantees, cancel an order or amend the payment terms in the event of a deferred payment date, unpaid bills of exchange, the Customer’s poor or doubtful solvency, or loss of credit insurance coverage.
20. The Parties expressly agree that, should the Customer cancel one or more previous orders or fail to pay one or more invoices on their due date, the contracts relating to the next deliveries may be terminated automatically and without formal notice.
VII. Terms of Use of the Products
1. The essential characteristics of the Products (mechanism, materials, water resistance, colours, etc.) are described in the documentation provided by the Company and/or on the Website.
2. The Customer shall be solely responsible for the proper use of the Products in accordance with the instructions for use and maintenance provided by the Company and/or supplied with the Products (instructions, technical data sheets, etc.).
In this respect, the Customer undertakes to use the Products under normal conditions of use (in particular having regard to their technical characteristics: water resistance, impact resistance, exposure to magnetic fields, chemical products, etc.) and to carry out the recommended maintenance operations.
3. The Company shall under no circumstances be liable for any damage resulting from improper use or use that does not comply with the recommendations for use and maintenance, nor for damage caused by impacts, falls, rough handling, unauthorised interventions, opening of the casings by unauthorised 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 by improper use of the Products, the necessary repairs shall be invoiced to the Customer in accordance with the rates applicable at the time the repair is requested, without the Company incurring any liability.
VIII. Delivery
1. Delivery shall be effected:
- Either by direct handover of the Products to the Customer;
- Or by sending the Customer a notice that the Products are available for collection in store;
- Or to the location indicated by the Customer on the order form 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 use all reasonable efforts to meet the stated delivery times but cannot be held liable for delivery delays caused by circumstances beyond its control, such as force majeure events, carrier delays, strikes, interruptions to logistics services, or any other unforeseen event.
3. Except in the case of a pre-order, the Company shall deliver the Products within a maximum period of thirty (30) days after the Customer places the order, unless otherwise agreed.
In the case of a pre-order, the Customer shall be informed, at the time the order is placed, of an indicative delivery period (for example: estimated delivery within six (6) months from the date of the order), which the Company shall endeavour to meet, without this constituting a guaranteed delivery period.
In the event of delay, including in the context of a pre-order, the Customer may serve notice on the Company to deliver within a reasonable additional period and may then terminate the contract if delivery does not take place within that new period.
In the event of termination, the Company shall refund all amounts paid, including standard delivery charges, within fourteen (14) days.
4. The Company reserves the right to make partial deliveries.
Each partial delivery shall be regarded as a separate delivery, and the delay or non-delivery of part of the order shall not affect the other items in the order.
5. Transport costs shall be 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 Risk
1. The Products are delivered subject to retention of title in favour of the Company.
2. In accordance with the rules applicable to retention-of-title clauses, the Products shall remain the property of the Company until full and effective payment of the agreed price, both principal and ancillary amounts.
3. In the event of non-payment, the Company shall be entitled to reclaim the Products. The Customer shall then be required to return them upon first request. The costs and risks associated with the return of the Products shall be borne exclusively by the Customer.
4. The Customer undertakes, as an obligation to achieve a specific result, to keep the Products in perfect condition by exercising all necessary care and, where applicable, taking out the necessary insurance.
5. The Products sold shall remain the property of the Company until their price has been paid in full.
6. Non-payment may result in termination of the Contract and the return of the Products.
7. The Customer acknowledges that, in the event of an exchange of a Product, title to the initial Product shall be transferred to the Company once the Customer has taken possession of the new Product at the time of the exchange for the initial Product. Consequently, in the event that the initial Product is not returned, the Customer shall be 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 of or damage to the Product shall pass to the Customer when the Customer or a third party designated by the Customer, other than the carrier, physically takes possession of the Product.
By way of derogation from the foregoing, where the Customer entrusts delivery of the Product to a carrier that it has itself-chosen and that was not proposed by the Company, the risk of loss of or damage to the Product shall pass to the Customer upon delivery of the Product to the carrier.
X. Warranty
1. Independently of the statutory warranties granted to the Customer, the Company shall remain liable for defects in conformity of a Product sold, within the meaning of Articles L 217-3 to L 217-7 of the French Consumer Code.
2. The Company also grants the Customer a manufacturer's commercial warranty covering manufacturing and operating defects affecting the Products. The manufacturer's commercial warranty is granted for a period of three (3) years from the purchase date shown on the invoice issued by the Company.
3. The Company also remains liable under the statutory warranty against latent defects under the conditions set out in Articles 1641 to 1649 of the Civil Code.
4. In order to invoke the warranty, the Customer must return the Product, at the Customer's expense, to the address of the Company's registered office, together with an explanatory letter requesting either its repair or replacement.
5. No return of Products will be accepted without the Company's prior written approval.
6. The Customer may choose between repair or replacement of the Product, provided that the cost of repairing the Product is not manifestly disproportionate.
7. In view of the limited production of certain Products, the availability of spare parts required for their repair is guaranteed only to the extent of the stocks held by the Company and/or its partners. The Company does not undertake to ensure the repairability of the Products beyond-this availability and will inform the Customer, when processing the Customer’s request under the statutory warranties or the commercial warranty, where repair or replacement of the Product proves impossible due to the definitive unavailability of spare parts.
8. In all cases, and unless otherwise agreed in advance, expressly and in writing by the Company, it is agreed that, where the Customer has the option of exchanging a Product, the Customer is required to return the original Product to the Company, whether such return takes place simultaneously with or subsequent to delivery of the new Product.
9. The costs of returning the Product shall be borne by the Customer, except in the case of consumer Customers exercising the statutory conformity warranty under Articles L. 217-4 et seq. of the French Consumer Code.
10. The Customer shall be responsible for the packaging used to return the Product, which must be packaged in such a manner that the Product can be transported without any risk of breakage or damage.
11. The Customer acknowledges that the statutory warranties may not be invoked where the damage to the Product results from use that does not comply with the instructions set out in the manuals and documents accompanying the Product in question.
XI. Right of withdrawal
1. In accordance with the legislation in force governing distance selling, the Customer has a period of fourteen (14) clear days in which to exercise the right of withdrawal without having to provide reasons or pay any penalties, except, where applicable, the return costs.
2. The period of fourteen (14) clear days shall commence on receipt of the Products by the Customer or by a third party, other than the carrier, designated by the Customer.
3. In the case of an order for several Products delivered separately, or of an order for a Product consisting of batches or multiple parts whose delivery is staggered over a specified period, the period shall commence upon receipt of the last good, batch or part.
4. Where the period of fourteen (14) clear days expires on a Saturday, Sunday or public holiday or non-working day, it shall be extended until the next working day.
5. The decision to withdraw must be notified to the Company by means of an unequivocal written statement. 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 shall send the Customer, as soon as possible, an acknowledgment of receipt of such withdrawal by email.
6. The conditions, time limits and procedures for 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 shall return or hand 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 notification of the Customer’s decision to withdraw.
8. In all circumstances, the Customer must always properly retain and protect the delivered Products. The Products must be returned complete (box, outer box, cases, cushions, protective coverings, booklets, certificates, accessories, etc.), in their original condition, unworn, undamaged, unstained and unaltered, such that they may be resold as new. If the Customer fails to comply with its obligation to preserve the Products, the Company may refuse to take them back (even in the event of non-conforming delivery or defects) if, as a result of a fault attributable to the Customer, the Products are no longer suitable for normal use or for resale as new, in particular where the watch has actually been worn. The Customer shall bear any loss in value of the returned Product where such loss in value results from handling other than that necessary to ascertain the nature, characteristics and proper functioning of the Product.
9. Where the right of withdrawal is exercised, the Company shall 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 being in perfect condition. Where applicable, the Company shall make the refund using the same means of payment as that used by the Customer for the initial transaction, unless the Customer has expressly agreed to the use of another means of payment and provided that the refund does not incur any costs for the Customer.
10. However, the Company is not required to reimburse any additional costs if the Customer expressly chose a delivery method that was more expensive than the standard delivery method offered.
11. The costs of returning the Products shall be borne by the Customer.
12. The Customer shall be liable only in the event of depreciation of the Product resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of that 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;
- The supply of goods liable to deteriorate or expire rapidly;
- The supply of goods that have been unsealed by the Customer after delivery;
- The supply of goods which, after having been delivered and by their nature, become inseparably mixed with other items;
- Contracts fully performed by both Parties at the Customer’s express request before the latter exercised the right of withdrawal.
14. The Company reserves the right to defer the refund until the Products have been recovered or until the Customer has provided proof of dispatch thereof.
15. If all the conditions applicable to the exercise of the right of withdrawal have not been fully satisfied, the Company reserves the right:
- To refuse the return of the Products and/or their refund; and/or
- To reduce the amount of the refund if the Products have suffered a diminution in value as a result of handling other than that necessary to establish the nature, characteristics and functioning of the Products.
XII. Company Liability
1. The Company undertakes to exercise the care and diligence necessary to supply Products of a quality conforming to the specifications set out in the General Terms and Conditions of Sale.
2. The Company is subject only to a best-efforts obligation in respect of the Products covered by these provisions.
3. The Company shall not incur liability in the event of force majeure or the Customer’s fault.
4. Any improper use of the Products or the Site, any negligence, omission or failure on the Customer’s part, failure to comply with the Company’s recommendations, disclosure or abusive use of the Customer’s login credentials, and the provision of inaccurate or outdated information in the Customer’s personal account shall, in particular, be deemed to constitute fault on the Customer’s part.
5. In the absence of contrary statutory or regulatory provisions, the Company’s liability shall be limited to the direct, personal and certain loss suffered by the Customer and related to the failure in question. The Company shall under no circumstances be liable for any indirect damages. Likewise and within the same limits, the amount of damages and interest payable by the Company shall in any event not exceed the price of the Product ordered.
XIII. Force Majeure
1. In the event of a force majeure event, performance of the Company's obligations shall be suspended, in whole or in part, for as long as such event continues. The Company shall not be liable for any delay in performing, or failure to perform, its obligations resulting from the occurrence of such event.
2. Any event beyond the Company's control, which was reasonably unforeseeable at the time the Contract was entered into, the effects of which cannot be avoided by appropriate measures and which prevents performance of the Company's obligations shall be deemed a force majeure event.
3. The Company shall notify the Customer by any means within seven (7) days of the occurrence of the force majeure event. The Company shall then be entitled to suspend performance of its obligations for the duration of such event.
4. If the impediment is permanent, the Contract may be terminated at the initiative of either Party by registered letter with acknowledgment of receipt. Termination of the Contract shall not give rise to any compensation.
XIV. Intellectual Property
1. The Customer is prohibited, under penalty of legal proceedings, from reproducing, in whole or in part, the designs of Products or goods that the Customer has purchased or viewed.
2. The Customer is likewise prohibited from providing any third party with information enabling 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 contracting parties.
3. Neither Party shall have the authority to represent the other or to enter into any contract in the name of the other.
4. The Company does not represent the third parties it appoints to perform its obligations and, consequently, shall not be liable for the improper performance or even the non-performance of their obligations.
XVI. Suspension and Termination of the Contract
1. In the event that the Customer fails to comply with any of its obligations, the Company reserves the right to suspend performance of the Contract.
Accordingly, the Customer undertakes to pay any amount invoiced by the Company corresponding to services already performed and/or Products already ordered and/or delivered.
2. Where the Customer refuses to perform any of its obligations, the Company may terminate the Agreement.
Accordingly, the Customer undertakes to pay any amount invoiced by the Company corresponding to services already performed and/or Products already ordered and/or delivered.
XVII. Personal Data
1. In connection with the provision of its services, the Company processes personal data relating to its Customers. It therefore acts as the data controller within the meaning of Regulation (EU) 2016/679 of 27 April 2016 (GDPR) and Law No. 78-17 of 6 January 1978, as amended.
2. Users are free to provide personal information concerning them.
3. The data collected are 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 may process, in particular, the following categories of data: identification data (surname, given name, title), contact details (postal address, email address, telephone number), data relating to the Customer account and Orders (purchase history, delivery and billing address, payment method – excluding complete bank card data), data relating to the business relationship (requests for information, complaints, exchanges with customer service), as well as connection and browsing data (logs, IP address, login credentials, cookies and trackers).
5. The processing operations carried out by the Company pursue the following purposes:
- Management of the Customer’s Orders and the Agreement (creation and management of the account, processing and monitoring of Orders, invoicing, delivery, after-sales service, management of complaints);
- Accounting, tax and evidentiary management (retention of accounting records, management of unpaid amounts and litigation);
- Management and security of the Website (payment security, fraud prevention, information systems security, visitor statistics);
- Commercial prospecting and newsletters (sending offers, information and news about the Products).
6. Providing personal information is not necessary to browse the Website. However, registration on the Site and the creation of a personal account entail the collection by the Company of certain personal information concerning Users.
7. The information identified as mandatory in the data collection forms is necessary for the creation of the account, the placing and performance of Orders and/or compliance with legal obligations. Failure to provide such information may make it impossible to create an account, place an Order or perform an Order.
8. Personal data are intended for the authorised departments of the Company and, strictly to the extent necessary for the above-mentioned purposes, for its service providers and sub-contractors acting on its behalf (hosting provider, payment service provider, logistics and delivery service provider, IT maintenance provider, e-mail routing provider, etc.). They may also be disclosed to the competent administrative or judicial authorities, upon request or to enable the Company to defend its rights.
9. As a matter of principle, the data are hosted and processed within the European Union. If certain service providers of the Company are located outside the European Union or if transfers of data outside the European Union were to take place, such transfers-would be subject to appropriate safeguards, a copy of which the Customer may obtain upon simple 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 such data from being distorted or damaged, or from being accessed by unauthorised third parties.
11. Subject to the conditions and limitations provided for by the applicable regulations, every data subject whose data are processed has the following rights in respect of their data: the right of access, rectification, erasure (the right to be forgotten), restriction of processing, objection to processing (in particular in the case of direct marketing), as well as the right to data portability where the processing is based on consent or the performance of the Contract and carried out by automated means. Where processing is based on consent, the data subject may withdraw that consent at any time, without affecting the lawfulness of processing based on consent carried out prior to such withdrawal.
12. These rights may be exercised at any time with the Company, upon proof of identity, by email at the following address: contact@beaubleu-paris.com or by post sent to the Company's registered office.
13. The data subject has the right to lodge a complaint with the competent supervisory authority, in particular 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 the DPO regarding any question relating to the processing of the Customer's personal data and the exercise of the Customer's rights, using the contact details indicated on the Website or, failing that, the Company's contact details set out-above.
15. Personal data are retained for the period strictly necessary for the purposes pursued, namely in particular:
- For the management of the Customer's account and orders: for the duration of the contractual relationship, followed by a period of five (5) years from the end of the business relationship (the last contact from the Customer or the last order) for evidentiary purposes and the management of disputes;
- For invoicing and accounting records: for a period of ten (10) years from the close of the relevant financial year, in accordance with legal obligations;
- For commercial prospecting: for a period of three (3) years from the end of the business relationship with the Customer or the last contact from the prospective customer, unless the Customer objects or withdraws 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 where necessary for evidentiary purposes.
Beyond these periods, the data are deleted or archived in anonymised form.
16. The contact details of all Users registered on the Website are retained for a maximum period of six (6) months from the deletion of the member area, such period being reasonable and necessary for the proper administration of the Website and the normal use of personal data.
17. In addition, the Company reserves the right to collect the public IP (Internet Protocol) address of Users. The IP address consists of a series of numbers separated by full stops, enabling the unique identification of a computer on the Internet.
18. An User’s IP address is collected anonymously. It is retained for the same period as the personal information and shall be used solely 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 User’s device. The terms governing the use of cookies, the purposes pursued, their retention period, and the means of accepting, refusing or configuring them are detailed on the Site.
20. The Company shall disclose all personal data relating to an User to the Police (upon judicial requisition) or to any person (upon a court order). The IP address of any computer may be matched with the actual identity of the subscriber held by the ISP (Internet service provider).
XVIII. After-sales service and customer service
1. The Company provides an after-sales service for the Products in accordance with the following terms:
- Warranty repairs shall be carried out free of charge for manufacturing defects identified within four (4) months from the date of purchase, upon presentation of the purchase invoice;
- Repairs not covered by the warranty shall be charged at the rates in force at the time the repair is requested.
2. To benefit from the after-sales service, the Customer must contact the Company's customer service department and follow the specific procedures established by it-.
3. The Company's customer service department may be contacted by a Customer from Monday to Friday, from 9:30 a.m. to 7:00 p.m., at the non-premium-rate telephone number indicated on the Site's home page, and by email at: contact@beaubleu-paris.com, or by post sent to the address of the Company's registered office.
XIX. Miscellaneous Provisions
1. Placing an order entails the Customer's full and unconditional acceptance of the General Terms and Conditions of Sale.
2. No specific terms may prevail over the General Terms and Conditions of Sale, unless previously expressly and in writing accepted by the Company.
3. Accordingly, any contrary term invoked by the Customer shall, in the absence of express acceptance, be unenforceable against the Company, regardless of when it may have been brought to the Company's attention.
4. The possible invalidity of any one of the clauses of the General Terms and Conditions of Sale, for any reason whatsoever, shall not affect the validity of the other clauses of the General Terms and Conditions of Sale, whatever they may be, or of the General Terms and Conditions of Sale as a whole, provided that their overall contractual framework is preserved.
In such a case, the Customer and the Company undertake, where possible, to replace 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 amended by the Company at any time, without prior notice.
The General Terms and Conditions of Sale applicable to the Customer are those in force on the date on which the Customer places an order on the Website.
Any subsequent amendments to the General Terms and Conditions of Sale shall apply only to orders placed after their entry into force.
6. Contracts in progress shall remain subject to the General Terms and Conditions of Sale applicable at the time the sale was concluded.
7. The Company advises the Customer to save and/or print the General Terms and Conditions of Sale for safe and durable retention, and thus to be able to review them at any time during the performance of the Contract, if necessary.
8. The General Terms and Conditions of Sale are accessible on the Website.
9. Ticking the aforementioned box shall be deemed to have the same legal effect as the Customer’s handwritten signature.
The Customer acknowledges that the Website electronically and durably records evidence of its consent to the application of the General Terms and Conditions of Sale to the Contract.
Consequently, it waives its right to challenge such evidence in the event of a dispute.
10. The General Terms and Conditions of Sale shall apply to the relations between the Parties, to the exclusion of any other general terms and conditions, including those of the Customer.
XX. Applicable Law and Dispute Resolution
1. The Contract, the General Terms and Conditions of Sale, and all contractual relations between the Parties shall be governed by French law.
2. In the event of a dispute between the Parties, they shall use their best efforts to resolve it amicably.
Any dispute relating to the interpretation and/or performance of the Contract and/or the General Terms and Conditions of Sale shall, in the first instance and to the fullest extent possible, be resolved through amicable negotiations between the Parties.
3. For any request relating to the Contract and/or the General Terms and Conditions of Sale, the Customer shall contact BEAUBLEU by registered letter with acknowledgment of receipt at 70 rue Notre Dame de Nazareth, 75003 PARIS.
4. For any dispute relating to the order, the Customer acknowledges having been informed of the possibility of having recourse to a conventional mediation procedure or to any other alternative dispute resolution method.
5. In the event of a dispute relating to the performance of the Contract, the Customer may submit its written complaint by registered letter with acknowledgment of receipt to the Company's customer service department: BEAUBLEU, customer service department, 70 rue Notre Dame de Nazareth, 75003 PARIS.
The Company shall process the complaint within one (1) month.
6. In the absence of an amicable agreement, the Customer who may be considered a consumer may refer the matter free of charge to the consumer mediator having jurisdiction over the Company, namely AME-Conso, with which the Fédération de l’Horlogerie (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 acknowledgement of receipt.
Pursuant to Articles L.152-1 and R.152-1 of the French Consumer Code, and provided that the Customer has first submitted a written complaint to BEAUBLEU, customer service department, 70 rue Notre Dame de Nazareth, 75003 PARIS, by registered letter with acknowledgment of receipt, which has remained unsuccessful, the Customer who may be considered a consumer may have free recourse to AME-Conso, with which Fédération de l’Horlogerie (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 shall be approached:
- Either by completing the form provided for this purpose on the AME-Conso website: https://www.mediationconso-ame.com/;
- Or by sending a letter to AME-Conso, 197 boulevard Saint-Germain, 75007 PARIS.
7. Any continuing dispute between the Parties that has not, in particular, been capable of being resolved amicably between the Company and the Customer shall be submitted to the competent courts.
For Customers who may be considered consumers, any dispute relating to the validity, performance, interpretation or termination of the contractual relationships between the Parties, or the consequences and effects thereof, shall be submitted to the courts having jurisdiction under applicable law.
XXI. Withdrawal form
If you wish to withdraw from your order, you may use the form opposite.
MODEL WITHDRAWAL FORM
(Please complete and return this form only if you wish to withdraw from your order.)
For the attention of BEAUBLEU, SAS with share 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.
Terms:
- 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 that period would normally expire on a Saturday, Sunday or public holiday or non-working day, on the next working day.
I/we hereby give notice of my/our withdrawal from the contract for the sale of the goods/provision of services specified below
Nature of the goods or services ordered: ......................................................................................................................
Date of the order:
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Order number:
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Date of receipt of the order:
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Customer name:
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