I - OBJECT
The present general conditions of sale aim at defining the rights and obligations of PATHENGERS and the Customer of products presented by PATHENGERS on its site www.pathengers.com.They apply exclusively between Odyssee Watches & Accessories with a capital of 1000 € registered under the number 84898639400015 RCS PARIS, whose head office is located at 40 rue Alexandre Dumas, 75011 Paris, France (and any natural person consumer visiting or making a purchase via the said Site. On the Site, PATHENGERS makes it possible for the Customer to order online the products of the mark PATHENGERS to the present general conditions. Any order carried out near PATHENGERS thus involves the acceptance without reserve by the Customer of these conditions. The present general conditions can be modified constantly and without notice by PATHENGERS, the applicable conditions being those in force at the date of the order by the Customer.
II - PRODUCTS AND CONFORMITY
2.1. The Products put on sale are presented on the site of PATHENGERS and accompanied by a description.
2.2. The Products offered by PATHENGERS are in conformity with the standards applicable in France. The elements such as in particular photographs, texts, graphics as well as all the information and characteristics illustrating and/or accompanying the Products are not contractual, which the Customer recognizes. Consequently, PATHENGERS could not incur the least responsibility in the event of error or omission of one of these elements or in the event of modification of the aforementioned elements by the suppliers and/or editors.
III - OBLIGATIONS OF THE CUSTOMER
3.1. The Customer declares to be at least 18 years old and to have the legal capacity or to be the holder of a parental authorization allowing him to place an order on the Site.
3.2. The Customer commits himself to communicate to PATHENGERS the elements of information real and necessary to the realization of the service object of the present conditions such as that is asked to him online and according to his situation, in particular his name, first name, address, telephone, and a valid email. The Customer is responsible for the consequences resulting from false or inaccurate information transmitted or whose use would be illicit.
3.3. Once the order is placed, PATHENGERS addresses to the Customer an email confirming this to him. It informs it of the sending of the Products.
3.4. The Customer can modify their data under the heading “my account”; as long as the order has not been shipped. If a change of address should occur after the shipment, then the costs of return and new shipment will be charged to the customer.
IV - ORDER
4.1. Any order will be validated only after acceptance of the payment.
4.2. PATHENGERS reserves the right to cancel or refuse an order in the event of litigation with the Customer on a preceding order.
4.3. PATHENGERS can accept orders within the limit of stocks available. It informs the Customer of the availability of the Products sold on the Site at the time of the confirmation of the order. If, despite the vigilance of PATHENGERS, the Products are unavailable, PATHENGERS will inform the Customer by e-mail as soon as possible. The Customer will then be able to cancel its order and be refunded, if necessary, the sums already paid. The permanent or temporary unavailability would not know how to engage the responsibility for PATHENGERS, not more than it would know how to open an unspecified right to compensation or damages in favour of the Customer.
V - PRICE
5.1. The prices posted on the Site are indicated in euros all French taxes included (French VAT and other taxes possibly applicable). VAT and/or fees for import and/or customs are not included for orders outside the European Union. Shipping costs will be paid by Pathengers and otherwise indicated in the Customer's shopping cart, before the final validation of the order. The prices can be modified at any time, without notice, and in particular in case of a change of fiscal or economic data. The items will be invoiced on the basis of the rates in force at the time of the recording of the order.
VI - DELIVERY
6.1. PATHENGERS delivers its Products in Metropolitan France, including Corsica, in Europe, and worldwide. The following countries are excluded from all shipments: Cuba, Iran, Iraq, Libya, North Korea, Somalia, Sudan, Syria, Burma and Yemen We aim to dispatch your order within 24 business hours of verification, though this may vary depending on the current workload of our warehouse, public holidays and/or other factors. Please note also that during common shopping holidays such as Black Friday and Christmas almost always comes with shipping delays, please ensure to place your orders in good timeThe products are shipped with the delivery note, to the delivery address indicated by the Customer at the time of his order. Delivery cannot be made to hotels or post office boxes. The delivery times indicated on the site are indicative times, corresponding to the average processing and delivery times. In order for these times to be respected, the Customer must ensure that he/she has provided accurate and complete information concerning the delivery address (such as, in particular: street number, building number, staircase, access codes, names, and/or intercom numbers, etc.). In the event of a delay in delivery of more than 7 working days, if the product has not been shipped, the Customer may cancel the order by registered letter with acknowledgment of receipt and request a refund of the order. If the article was dispatched before reception of the cancellation of the order for delay of the delivery of more than 7 days, PATHENGERS will proceed to the refund of the article and the expenses of forwarding and return, with the reception of this one, complete, in its state of origin and with all the etiquettes. PATHENGERS is committed to informing the Customer of the evolution of the treatment of its order. In case of damaged packages (already opened, missing products ...), the Customer undertakes to notify the carrier and PATHENGERS, by all means, of any reservations within 3 days of receipt of the product.
VII - PAYMENT
The entirety of the payment must be carried out at the time of the order. At no time the versed sums could be regarded as deposits or installments. The Customer pays for his order by credit card (Visa, Eurocard/Mastercard/American Express) or by Apple Pay in accordance with the provisions of this article. For any transaction, the Customer shall indicate the number appearing on the front of his card, the expiration date of his card, and the cryptogram appearing on the back of his card (last three digits). The communication by the Customer of its number of bank cards is worth authorization for PATHENGERS to debit its account to the due amount of the order. No sending in against-refunding will be accepted, whatever the reason. PATHENGERS preserves the property of the article until the integral payment of the price by the Customer. The purchases are carried out in a protected way. The payment solutions adopted by Pathengers are 100% secure. For payments by credit card (credit card, visa card, and e-card). All the information that the Customers communicate to Pathengers is strictly protected and guarantees the conformity and security of each transaction. Please note that should you, as the receiver, choose to decline the charges related to customs and or taxes (clause 6.1) upon delivery, Pathengers watches will in some destination countries have to settle them in order to get the shipment in return. This sum will be deducted from your refund as a restocking fee. In other cases, a restocking fee of €40 will be applicable.
VIII - EXCHANGES AND RETURNS OF PRODUCTS RIGHT OF RETRACTION
You have a period of fifteen (24) days following the reception of your order to inform us of your wish to return part or all of your order. If this period normally expires on a Saturday, Sunday, or holiday, it is extended until the next business day. To return a product, the Customer must first make a return request by email to email@example.com. The return or exchange is at the expense of the Customer. The Product must be returned within fourteen days in its original packaging, in its original, new condition. If the item is not returned by the Customer within fourteen days after receipt of the postage label, the return is considered canceled and the Customer must keep the product. The returned Product will be refunded within a maximum period of fourteen (14) days from its reception by PATHENGERS, by a credit of the amount to be refunded to the bank account of the Customer. In the absence of respect by the Customer for the present conditions, in particular of the conditions of return or exchange, PATHENGERS will not be able to proceed to the refunding of the Products concerned.
IX - GUARANTEES AND RESPONSIBILITY
9.1 Product guaranteesThe warranty is one year from the date of purchase. Please note that the warranty does not cover batteries. The warranty does not cover any damage on any part of the watch resulting from abnormal use, lack of care, negligence, accidents, incorrect use of the watch, and non-observance of the directions provided by Pathengers. The warranty for bracelets is one year from the purchase date and covers discolored bracelets only. Bracelets are not meant to go underwater. All of our leather and suede products are covered by a one-year manufacturing warranty. The warranty does not cover issues/changes/damages or similar that occur due to negligent use, nor does it cover normal wear and tear. Suede products are very sensitive – they do not cope well with moisture and will have a shorter lifespan than leather.
9.2 General guarantees PATHENGERS has, for all the stages of access to the site, of the process of order to the forwarding of the parcel or the posterior services, only an obligation of means. The responsibility for PATHENGERS could not be committed for all the disadvantages or damage inherent in the use of the Internet network, in particular a rupture of service, an external intrusion or the presence of computer viruses, or of any fact qualified as force majeure, in accordance with the law and the jurisprudence.
X - INTELLECTUAL PROPERTY
In no case the Customer is authorized to download or modify the whole or part of the Site and in particular its contents (products listed, descriptions, images, videos?). This Site or any part of this Site must not be reproduced, copied, sold, or exploited for commercial reasons without the express and written authorization of PATHENGERS. In a general way, all the royalties, marks, and other distinctive signs and rights of property or intellectual property appearing on the Site, will remain the full and whole property of PATHENGERS. The Customer is thus held with respect to the rights of intellectual property and will not be able to in no way use the marks appearing on the Site and on the Products if necessary, or to deposit marks which would carry damage with the holder of the rights, except contrary contractual provision. The same applies to any other intellectual property right.
XI - GUARANTEES AND RESPONSIBILITY
PATHENGERS makes a commitment to use the confidential information of the Customers only within the framework of the exploitation of its Site. For the good progress of the order, the collected personal data will be the object of a data-processing treatment, and the Customer recognizes to have knowledge of it. For this reason, the information concerning it can be communicated to technical service providers of PATHENGERS. In addition, PATHENGERS may apply technical means to obtain non-personal information relating to Internet users and intended to improve the functionality of the site, for example by tracing the number of visitors to certain pages. In accordance with the law of January 6, 1978, modified by the law of August 6, 2004, the Customer has a right to access and of correction of the personal data relating to it appearing in the files of PATHENGERS. Any request must be addressed by e-mail to: firstname.lastname@example.org
XII - FORCE MAJEURE
In the event of the occurrence of an event of force majeure, the party concerned must inform the other party within fifteen (15) days of the occurrence of this event, by registered letter with acknowledgment of receipt. In addition to those usually retained by the jurisprudence of the French courts and tribunals, the following are expressly considered as cases of force majeure or fortuitous events: total or partial strikes, lockouts, riots, boycotts or other actions of an industrial nature or commercial disputes, civil unrest, insurrection, war, bad weather, epidemic, blockage of means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, governmental or legal restrictions, legal or regulatory changes in the forms of marketing, computer failure, blockage of telecommunications, including wired or wireless telecommunications networks, and any other event beyond the control of the parties preventing the normal performance of the contractual relationship. All obligations of the parties will be suspended for the duration of the force majeure event, without compensation. If the force majeure event continues for more than three (3) months, the contract concerned may be terminated by operation of law without compensation for either party.
XIII - GENERAL PROVISIONS
13.1. Partial invalidity of a clause in any of the stipulations of these conditions is declared null and void or unenforceable by a competent court, it will be declared unwritten and will not entail the nullity of the other stipulations.
13.2. UpdatingThe present general conditions can be modified constantly and without notice by PATHENGERS, the applicable conditions being those in force at the date of the order by the Customer.
13.3. Applicable law - Competent courtThe present general conditions are subject to French law with regard to the rules of substance as well as the rules of form. Any dispute shall be subject to a prior attempt at an amicable settlement. In the absence of an amicable settlement, jurisdiction is given to the competent French courts, notwithstanding multiple defendants or third-party claims.
13.4. Reproduction of applicable texts (Order 2005-136 of 17 February 2005, ConsumerCode, Civil Code)
Article L. 211-4. of the Consumer CodeThe seller is obliged to deliver a good in conformity with the contract and is responsible for any lack of conformity existing at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions, or the installation when the latter was put at his charge by the contract or was carried out under his responsibility.
Art. L. 211-5. of the Consumer Code - To be in conformity with the contract, the goods must:
- Be fit for the purpose usually expected of similar goods and, where applicable; correspond to the description given by the seller and possess the qualities that the seller has presented to the Customer in the form of a sample or model; have the qualities that a Customer may legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling
- Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the Customer, brought to the attention of the seller, and accepted by the latter
Art. L. 211-12. of the Consumer CodeThe action resulting from the defect of conformity is prescribed by two years from the delivery of the good.
Art. 1641 of the Civil CodeThe seller is bound by the warranty for hidden defects of the thing sold which make it unfit for the purpose for which it was intended, or which so diminish this use that the customer would not have acquired it, or would have given only a lower price if he had known about them.
Art. 1648 paragraph 1 of the Civil CodeThe action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.