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Terms

General terms and conditions of sale

Preamble/ Identity of the seller/ Access to professional and commercial rules (if applicable)
The preamble recalls the objective of the general conditions of sale. It also makes it possible to recall, if necessary, that certain products for sale on the site are the subject of special conditions of sale. The preamble also makes it possible to know the professional and commercial rules to which the seller intends to submit if any.
These conditions shall include the following information:
The means of reproduction and archiving of these conditions
The legal notice of the site www.berthet.com ®
The general conditions of use of the site www.berthet.com
The essential characteristics of the proposed goods
The different steps to follow for the conclusion of the contract online
The technical means of identifying and correcting errors made during data entry
The proposed languages
The terms of archiving and access to the contract
The means of consulting the professional and commercial rules to which the seller intends to submit
Legal and contractual guarantees
Delivery times, costs and terms
Delivery tracking and the costs of remote communication techniques
The price
Payment methods and security measures
Details on the modalities of exercise of the right of withdrawal,
The duration of the contract and validity of the price.

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Last updated april 2, 2017
www.berthet.com is a berthet service®
Registered office: Besançon – Franche Comté – France
Email: horlogerie@berthet.com
It is previously specified that these conditions govern exclusively the sales, by the online store, of BERTHET
These conditions apply to all sales made from this site, to the exclusion of all other conditions, in particular those in force for sales in store.
These conditions are intended for a consumer who has full legal capacity. These conditions apply to all orders you will spend on this site.
We do everything we can to satisfy you. On this site we present to you all the essential characteristics of the goods. We will be attentive to the comments that you will send us in particular to your particular and free engraving requests that will be taken into account as far as the technical possibilities http://www.berthet.com/contact-berthet
– the characteristics presented (photos, descriptions…) are from our database of working collection photos and may, possibly present slight variations compared to the delivered product
These terms and conditions are presented in French.
We operate as an industrial manufacturer and we are not subject to any special professional rules.


1. The different steps to follow for the conclusion of the contract online

1.1 Order

On the Internet: www.berthet.com
You make your selection by browsing the pages of our site. Your selections are added to your cart when you click on "add this product to cart". At any time of your navigation on our site, you can validate your order by clicking on "validate my order".
You can order or contact us:
By Email to horlogerie@berthet.com, this address serves as a confirmation contact for all orders

1.2 Validation of the contract

When you click on "validate my order", a confirmation message appears. It summarizes all the selected products and options.
You must check in this order form all the information transmitted, and in particular all the elements useful for delivery (delivery address, digicode, telephones …)
If you do not have to modify the form, then you must read these conditions. If you accept them, you must check the box "I have read the general conditions of sale and I accept them without reservation".
To continue your order, you must click on "pay for my order".
After payment on our secure server (see "payment"), an acknowledgement of receipt is displayed. It confirms the registration of your order and informs you that a confirmation email will be sent to you as soon as possible.
Note: We reserve the right to contact you to specify the details of an order for a product from a certain quantity, in order to propose the appropriate time for processing the production

1.3 Technical means of identifying and correcting errors

You have the right at any time to identify and correct your errors when entering your data. When you notice an error after the conclusion of the contract, you must contact us http://www.berthet.com/contact-berthet
Or by email: horlogerie@berthet.com
We will respond to any request by return
Nb: the law requires to provide in the offer "the technical means allowing the user, before the conclusion of the contract, to identify the errors made in the data entry and to correct them", however, even if we offer it, we are not obliged to offer the possibility to the customer to contact you to rectify the data entered after the validation of the contract.
– you have the option to modify your order until it is shipped, except in the case of a personalized engraving that would have been ordered on the watch and that does not allow cancellation or return after delivery.


2. The terms of archiving and access to the contract

You have a right to communicate documents for orders of an amount greater than or equal to 120 €.


3. Legal and contractual guarantees

3.1 Legal guarantees

In accordance with the legal provisions in force relating to the conformity of the good with the contract, in terms of hidden defects (available in Annex 1 of these conditions, click here), we will refund, repair or exchange any product apparently defective, damaged or damaged or not corresponding to your order.
If your purchase has been tainted by a hidden defect or a lack of conformity, do not hesitate to contact us directly by this or at the email address indicated. Your request will be processed as a priority
Do not forget that you have the obligation to return the products to you in the received condition with all the shipping elements
It is called the recommendations of use in case of delivery such as the verification of the apparent condition of the products in the presence of the deliveryman.In case of anomaly, please always note the lack of conformity (written registration of reservation, information of a "statement of anomaly" at the Post Office, retransmission within 7 days by registered letter to BERTHET SA 4 pce st jean BP.16- 25130 Villers le lac. The refund of the product will take place within 15 days upon receipt of your return, without calling into question the benefit of legal guarantees.

3.2 Contractual guarantees

Products purchased on www.berthet.com entitle you to a one-year contractual warranty.
In case of problem or breakdown, you can contact us to know the steps to follow http://www.berthet.com/contact-berthet
Return in colissimo with tracking number which allows to activate our insurance in case of problem
You must keep your purchase invoice to be able to benefit from your contractual guarantee.
The after-sales service does not apply to the change of battery of quartz watches, and to the abnormal and non-compliant use of products, shock etc., in such a case, we propose, as for the after-warranty service to repair your watch at cost price or at the best possible price to submit to you.

3.3 Liability

We do everything we can to satisfy you. We are responsible for the proper execution of these general conditions, however our responsibility can not be engaged due to a fortuitous event, a case of force majeure, the unforeseeable and insurmountable fact of a third party to the contract or the fact of the non-conformity of the product with foreign legislation in case of delivery in a country other than France.


4. Delivery times, costs and terms

4.1 Terms of delivery

We will deliver the products to the address indicated in the order form.

4.2 Delivery time

We will deliver to you, in principle 6 to 10 days maximum after order for watches without particular specification such as personalized engravings and at the latest on the date indicated in the confirmation message of your order for customizations.
NB: some engravings, depending on the complexity requested may result in a delivery time of 1 month
In case of delay in delivery, we will inform you by email as soon as possible and we will propose a new date.
You have the possibility to cancel your order under the terms of the law except in case of personalized engraving that commits you definitively for the purchase of the product as soon as the order is executed

4.3 Delivery costs

The delivery costs are indicated, if no costs are indicated the shipping is deemed to be free and / or integrated into the price paid for the watch

4.4 Delivery tracking

You can contact us by phone or email for any question relating to your delivery http://www.berthet.com/contact-berthet, a tracking number will then be sent to you


5. The price

The prices of our products are indicated in euros: public price. They include the cost of processing your order. As a reminder, the delivery costs are indicated
If you request a delivery outside the French territory, your order may be subject to possible taxes and customs duties when it arrives at its destination.
The payment of these duties and taxes is your responsibility and we invite you to inquire with the competent authorities of your country. You must also check the possibilities of importing or using the products you order from us in the country of destination.


6. Payment methods and security measures

Secure payment methods are offered:

6.1 Means of payment

You have several payment methods to pay for your purchases on www.berthet.com
– or by credit cards: Visa, MasterCard, American Express, other credit cards
Payment is made at your choice on the secure banking servers of our partners. This implies that no banking information about you will pass through our site.
Payment by credit card is therefore perfectly secure; your order will thus be registered and validated as soon as the payment is accepted by the bank you have chosen.
In case of payment by PayPal or other Stripe site:
With PayPal your financial information is never communicated to www.berthet.com. Indeed, PayPal encrypts and protects your card number. Pay online by simply indicating your email address and password.

6.2 Security

Payments via our site are subject to a security system. We have adopted the SSL (Secure Soket Layer) protocol to encrypt credit card details. To protect you from possible intrusion, we do not store credit card numbers on our computer servers.
6. Satisfied or refunded: terms of exercising the right of withdrawal
In accordance with the legal provisions, within 7 days of receipt of your product, you can exercise your right of withdrawal. You do not have to justify reasons or pay a penalty. With the exception of return costs, which remain at your expense, we will refund all the sums paid at the latest within 30 days of your withdrawal. On our proposal, you can also opt for another refund method.
In accordance with the legal provisions, the right of withdrawal cannot be exercised for products made to order, according to the particular specifications of the customer such as engravings worn on watch cases and bracelet buckles


7. The duration of the contract and validity of the price.

The prices take into account the costs and fees applicable on the day of the order and any change will be automatically reflected in the price of the products on sale on www.berthet.com.
Berthet® products are © and remain the sole property of BERTHET SA until the price is fully collected.
Our price offers are only valid within the double validity of the offer concerned and the stocks available.
Our offers of goods and prices are valid if they appear online on the site on the day of the order


8. Applicable legislation/ Competent jurisdiction

These conditions are subject to French law, and without formal dispute on your part at the time of purchase, in the event of a dispute on the substance or on the form, the Commercial Court of Besançon is solely competent


9. Contact us/ after-sales service

If you wish to contact us, our customer service is at your disposal:
For information on our offers or to place an order:
horlogerie@berthet.com
To follow the execution of an order, to exercise its right of withdrawal or to use the warranty: horlogerie@berthet.com


10. Intellectual property

The general structure, as well as the texts, photos, images and representation of watch products, movements and creations composing this site are the property of BERTHET Horlogerie ®. Any reproduction, total or partial, and any representation of the substantial content of this site, of one or more of its components ©, by any process whatsoever, without the express authorization of BERTHET, is prohibited, and constitutes an infringement punishable by articles L.335-2 and following of the Code of intellectual property.

The information, pictograms, photographs, images, texts, video sequences, animated by sound or not, and other documents present on the website are protected by industrial and/or intellectual property rights, either that BERTHET is the owner, or that it is authorized to reproduce and represent them.

As such, any reproduction, representation, adaptation, translation and / or modification, partial or complete or transfer to another site are prohibited.

The copy on paper for private use of these different objects of rights is authorized in accordance with Article L122-5 of the Code of Intellectual Property. Their partial or complete reproduction, without the prior written consent of the author, is strictly prohibited.


11. Personal information

We collect your personal information for the management of your orders and the monitoring of our business relations. They may be retransmitted to our partners exclusively for the execution of your orders, in accordance with these general conditions
In accordance with the Data Protection Act of 6 January 1978, you have the right to access, delete, rectify and oppose personal data concerning you. Simply write to us online at horlogerie@berthet.com, indicating your surname, first name, email address, address and if possible your customer reference.


Annex 1: Provisions of the Consumer Code concerning the legal guarantee of conformity

Article L211-4

The seller is required to deliver a property in accordance with the contract and is liable for compliance defects that exist at the time of issuance.
It addresses also the defects resulting from packaging, mounting or installation instructions when it has been to his office by contract or was carried out under his responsibility.

Article L211-5

To comply with the contract, the property must:

1° Be suitable for the use usually expected of a similar good and, where applicable:
– correspond to the description given by the seller and possess the qualities that the latter has presented to the buyer in the form of a sample or model;
– present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling;

2° Or have the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.

Article L211-6

The seller is not bound by the public statements of the producer or his representative if it is established that he did not know them and was legitimately not in a position to know them.

Article L211-7

Defects of conformity which appear within six months of the delivery of the good shall be presumed to exist at the time of delivery, unless proven otherwise.
The seller may combat this presumption if it is not compatible with the nature of the good or the lack of conformity invoked.

Article L211-8

The buyer is entitled to demand that the good comply with the contract. He cannot, however, challenge compliance on the basis of a defect that he knew or could not have been unaware of when he contracted. The same applies when the defect has its origin in the materials that he himself has supplied.

Article L211-9

In case of lack of conformity, the buyer chooses between repair and replacement of the good.
However, the seller may not proceed according to the choice of the buyer if this choice entails a cost manifestly disproportionate to the other modality, taking into account the value of the good or the importance of the defect. He is then required to proceed, unless impossible, according to the modality not chosen by the buyer.

Article L211-10

If the repair and replacement of the good is impossible, the buyer can return the good and have the price returned or keep the good and have part of the price returned.
The same faculty is open to him:
(1) If the solution requested, proposed or agreed pursuant to article L. 211-9 cannot be implemented within one month of the buyer's claim;
2° Or if this solution cannot be without major inconvenience for the latter given the nature of the property and the use it seeks.
However, the resolution of the sale cannot be pronounced if the lack of conformity is minor.

Article L211-11

The application of the provisions of articles L. 211-9 and L. 211-10 takes place at no cost to the buyer.
The same provisions shall not preclude the award of damages on the evidence of such evidence.

Article L211-12

The action resulting from the non-compliance is prescribed by two years from the time the property is issued.

Article L211-13

The provisions of this section do not deprive the buyer of the right to exercise the action resulting from redhibitory defects as it results from articles 1641 to 1649 of the Civil Code or any other action of a contractual or extra-contractual nature that is recognized by law.

Article L211-14

The action for indemnity may be brought by the final seller against successive sellers or intermediaries and the producer of the tangible movable property, in accordance with the principles of the Civil Code.


Annex 2: Provisions of the Civil Code concerning the guarantee against hidden defects

Article 1641

The seller is bound by the warranty in respect of hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have given only a lower price, if he had known them.

Article 1642

The seller is not liable for apparent defects of which the buyer has been able to convince himself.

Article 1643

He is held responsible for hidden defects, even if he would not have known them, unless, in this case, he has stipulated that he will not be bound to any guarantee.

Article 1644

In the case of articles 1641 and 1643, the buyer has the choice to return the thing and have the price returned, or to keep the thing and have part of the price returned to him, as it will be arbitrated by experts.

Article 1646

If the seller was unaware of the defects of the thing, he will be liable only for the restitution of the price, and to reimburse the buyer for the costs caused by the sale.
There will be no need to resess the sale or to reduce the price if the seller undertakes to repair the damage defined in Articles 1792, 1792-1 and 1792-2 of this Code and to assume the guarantee provided for in Article 1792-3.