GENERAL TERMS AND CONDITIONS

1 | GENERAL CONDITIONS OF ONLINE SALE - ACCEPTANCE OF CONDITIONS

The present General Terms and Conditions of Sale (the “General Terms and Conditions”), which govern the rights and obligations of the parties in the context of a distance selling contract, fully apply to the contractual relationship between APOGEE WATCHES, a simplified joint stock company with a capital of 10. 000 euros, whose registered office is located at LOCATION_TBD, registered in the LOCATION Register under number NUMBER (hereinafter referred to as “APOGEE WATCHES”), and any Customer placing an order for Products (hereinafter referred to as the “Customer”), via the Internet Site accessible at www.apogeewatches.com (hereinafter referred to as the “Site”).

 

Any validation of an order on the Site implies the Customer's full and unreserved acceptance of these General Terms and Conditions. By placing an order, the Customer undertakes to comply with these General Terms and Conditions and declares that the Products ordered are not intended for professional use.

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No special conditions other than those stipulated by APOGEE WATCHES shall prevail over the present General Terms and Conditions. Any clause to the contrary will therefore be unenforceable, regardless of when it may have been brought to the attention of APOGEE WATCHES.

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Furthermore, APOGEE WATCHES reserves the right to modify these General Terms and Conditions at any time. The modifications made will however only apply to orders validated after the General Conditions have been updated.
 

2 | ORDER PROCESS

Before finalizing an order, the Customer selects the desired Product and takes note of its characteristics (in particular its name, price, quantity, color, and special features) which he declares to accept, and which have been sent to him or are available on the Site.

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The Customer must then enter the information required for identification, i.e. :

• Last name, first name,

• Billing address,

• Delivery address (if different from billing address),

• e-mail address,

• Telephone number.

 

The Customer may, if he/she wishes, create an account on the Site in order to store his/her information for future purchases.

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Once this information has been provided, the Customer must tick the box indicating that he/she has read and accepts the General Terms and Conditions. They may then validate their order and proceed with payment of the total amount, including the price of the Products and delivery charges, by choosing one of the following payment methods: PayPal or Credit Card.

 

A summary of the order will be sent to the Customer by e-mail once the order has been validated. If the Customer has created an account, they will also be able to access it directly. This confirmation message will also contain a copy of the current General Terms and Conditions, which the Customer must retain.

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In the event of non-compliance with the General Terms and Conditions by the Customer, particularly with regard to payment, APOGEE WATCHES reserves the right to suspend the execution of the order and, where applicable, to suspend or terminate the Customer's account. Prior to any such action, the Customer will be informed as soon as possible and will be given the opportunity to rectify the situation or contest the elements complained of. Consequently, APOGEE WATCHES reserves the right to refuse any order from a Customer with an unresolved dispute.

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In accordance with Article 11 of the General Terms and Conditions, the Customer has the right to oppose, access and rectify any data concerning him/her held by APOGEE WATCHES.

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3 | PRICES

The prices of the Products offered on the APOGEE WATCHES website are displayed in euros and may vary during the year. However, Products are invoiced at the rate in force at the time the order is validated by the Customer.

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Delivery charges are indicated separately at the time of order validation, before payment. These costs vary according to the delivery option chosen, and the nature and weight of the Products ordered. They are therefore invoiced in addition to the price of the Products, unless expressly stated otherwise.

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For Products shipped outside the European Union or French overseas departments and territories, APOGEE WATCHES informs the Customer that customs duties, local taxes, import duties or other state taxes may be applied. As the importer of the Products, the Customer is responsible for the payment of these duties and taxes, as well as for taking the necessary steps with the competent authorities or organizations in the country of importation.

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These additional costs are not the responsibility of APOGEE WATCHES. The customer is advised to contact the local authorities in his or her country for further information on any applicable fees.

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4 | TERMS OF PAYMENT

Payment for Products ordered must be made in full and in advance, at the time of ordering, by credit card or via PayPal, using a secure payment system. Delivery of the Products ordered is subject to confirmation of payment authorization by the banking centers. In the event of refusal, the Customer will be informed by e-mail of the cancellation of his/her order, with an indication of the reason for refusal.

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The Customer guarantees that he/she is duly authorized to use the credit card or PayPal account provided to pay for his/her order.

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For orders over 1,000 euros, APOGEE WATCHES reserves the right to verify the information provided. To this end, a copy of the purchaser's identity card and proof of address may be requested. These measures are intended to prevent fraudulent use of payment methods.

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The order is considered accepted by APOGEE WATCHES as soon as an e-mail is sent to the customer confirming the validation of the order.

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5 | PRODUCT AVAILABILITY

Product offers displayed on the Site are subject to availability.

If a Product ordered becomes unavailable after validation of the order, the Customer will be informed by e-mail. The message will specify the estimated restocking time to enable the Customer to decide whether to maintain or cancel the order. In the event of cancellation, the amount corresponding to the unavailable Product will be credited back to the Customer's account within 10 days. The other items in the order will be dispatched as normal, unless otherwise instructed by the Customer.

 

6 | DELIVERY

1-  Place of delivery
Orders placed on the Site may be shipped internationally.

Delivery is made to the address indicated at the time of ordering or, by default, to the billing address associated with the Customer's account. In the event of an error or incomplete information supplied by the Customer, resulting in the return of the parcel by the carrier, a new shipment will be made at the Customer's expense.

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2-  Delivery times
The delivery time indicated when the order is placed includes the shipping time mentioned on the Product sheet, plus the processing and routing times.

 

For deliveries requiring an appointment, the carrier will contact the Customer as soon as possible to arrange a date, within a maximum of 30 days from order validation. APOGEE WATCHES declines all responsibility for any delay caused by the repeated unavailability of the Customer despite several attempts to make an appointment.

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If an order includes several Products with different delivery times, the overall shipment will respect the longest delay. However, APOGEE WATCHES reserves the right to split shipments at no extra cost to the Customer.

In the event of a delay in shipment, an e-mail will be sent to the Customer informing him of the new estimated delivery date.

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In accordance with legal provisions, in the event of prolonged delay, the Customer may terminate the contract in accordance with article L216-2 of the French Consumer Code.

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3- Tracking and assistance
The Customer is invited to regularly check the status of his order via the Site, or to contact Customer Service if he has any questions or problems.

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7 |  RETENTION OF TITLE

APOGEE WATCHES retains ownership of the Products delivered until full payment of their price, including the principal amount and any interest due. In the event of non-payment, APOGEE WATCHES reserves the right to reclaim the Products concerned.

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However, upon receipt of the Products by the Customer, the risks associated with their loss, deterioration or any damage they may cause are transferred to the Customer.

 

8 | RETURNS - RIGHT OF WITHDRAWAL

1. Exercise of the right of withdrawal
The Customer has a period of fourteen (14) days to exercise his right of withdrawal without having to justify his decision. This period runs from the date on which the Customer, or a third party designated by the Customer (other than the carrier), takes physical possession of the Products.

 

To exercise this right, the Customer must notify APOGEE WATCHES of his/her decision to withdraw by means of a clear and unambiguous statement (postal letter, e-mail or withdrawal form). This declaration can be sent to:

Postal address: Rue du Prê Jérôme 23, 1205, Geneva, SWITZERLAND
E-mail: support@apogeewatches.com
 

An acknowledgement of receipt will be sent to the Customer as soon as the request is received.

 

The Product must be returned in its original condition, with its packaging, the delivery note and/or the corresponding invoice, within 14 days of notification of withdrawal. This period is respected if the Product is shipped before the end of the 14-day period.

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2. Return conditions
The costs and risks associated with the return are borne by the Customer. APOGEE WATCHES reserves the right to refuse a Product returned without its original packaging or in a condition unfit for resale. In this case, the Product will be returned to the Customer, and no refund will be made.

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For high value Products, it is recommended that the Customer take out return insurance, as the Customer remains responsible for the Products until they are received by APOGEE WATCHES.

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3. Refund by APOGEE WATCHES
Any returned Product that does not comply with the above conditions may be refused by APOGEE WATCHES. In this case, no reimbursement will be made, and APOGEE WATCHES reserves the right to claim compensation for any damage to the Product.

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Reimbursement of sums paid by the Customer will be deferred until :

• Actual receipt of the Product by APOGEE WATCHES, or

• The provision by the Customer of proof of shipment of the Product, the date of the first of these events.

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In the event of a valid exercise of the right of withdrawal, APOGEE WATCHES will reimburse the Customer for all payments received (with the exception of additional costs resulting from a delivery method chosen by the Customer other than the least expensive standard option proposed). Reimbursement will be made without undue delay and, in any event, within a maximum period of fourteen (14) days from receipt of the notice of withdrawal.

 

The refund will be made using the same means of payment as that used for the initial transaction, unless the Customer expressly agrees otherwise.

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4. Products excluded from the right of withdrawal
In accordance with current regulations, the right of withdrawal does not apply to :

• Products manufactured to customer specifications or customized;

• Products unsealed after delivery and which cannot be returned for reasons of hygiene or health protection.