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Terms and Conditions of Sale


GENERAL TERMS AND CONDITIONS OF SALE

Modern Gentleman is a registered trademark reseller.

The present General Terms and Conditions of Sale define the conditions applicable to sales concluded between, on the one hand, persons wishing to make a purchase via the Modern Gentleman website https://wordpress-750756-3397345.cloudwaysapps.com, hereinafter referred to as "the Customer" and, on the other hand, "Modern Gentleman" Modern Gentleman is a company whose registered office is located at 14, quai de la mégisserie - 75001 Paris, France, registered in the Paris Trade and Companies Register under number 833 627 714, email address: [email protected] (hereinafter the "company" or "we").

Modern Gentleman is also a company whose brand and all its components are registered and protected. Filed on June 25, 2021, in the official bulletin of the National Institute of Intellectual Property (INPI) with the national number: 21 4 780 013. The company is engaged in the trade of watch products, represented by its managing partner, Mr François Morice, residing in Paris (75).The Customer and Modern Gentleman are hereinafter referred to as "the Parties".

These conditions apply exclusively to non-trading individuals.

The acquisition of a good by this site implies an acceptance without reserve of the General Conditions of Sale.


BE DIFFERENT, THROUGH ELEGANCE.
BE A MODERN GENTLEMAN.'

Article 1 - Order

1.1 The shipment of the parcels is carried out in metropolitan France.

1.2 The order established by the customer consists of products that are part of the online catalog established by Modern Gentleman.

1.3 The order can only be registered on the site if the user has clearly identified himself. To do so, the Customer is invited to identify himself by indicating his last name, first name, a valid e-mail address, his postal address, his telephone number and his date of birth.

1.4 Any order implies acceptance of the prices and description of the products available for sale.

1.5 The orders are payable only in euros including all taxes.

1.6 Modern Gentleman undertakes to honour orders received within the limits of available stocks of products.

1.7 The dates of the sales indicated on the site are the dates in force in the region where the head office of the company is located.

Article 2 - Validation

2.1 By validating an order on Modern Gentleman, the Customer acknowledges that he/she has read and accepted without reservation the present General Terms and Conditions of Sale on the date of his/her order.

2.2 Unless proven otherwise, the data recorded by the seller constitutes proof of all transactions.

Article 3 - Availability

3.1 The seller's product offers and prices are valid as long as they are visible on the site, within the limits of available stocks.

3.2 In the event that a product is unavailable after the Customer has placed an order, Modern Gentleman will inform the Customer by e-mail as soon as possible. The Customer's order will be cancelled or modified if the Customer so wishes.

3.3 The availability information provided at the time of the order is only indicative, as the products are reserved only after the payment of the order. Orders pending payment that are paid late after the order has been registered may thus see the stock of the product(s) ordered modified or null.

Article 4 - Delivery

4.1 Modern Gentleman undertakes to respect a preparation time of between 24 and 48 hours for a delivery by mail, 2 to 5 days for a Colissimo/Mondial Relais. The delivery time is generally between 2 and 5 working days in metropolitan France, 2 to 7 working days for the DOM-TOM, and up to 8 days internationally.

4.2 In the event of items being available on different dates, the delivery period shall be based on the longest period. Modern Gentleman reserves the right to split deliveries. The contribution to the processing and shipping costs will only be charged for one shipment. Modern Gentleman will not be held responsible for any consequences due to a delay in delivery. In case of delay, an email will be sent to the Customer.

4.3 In the event of a delay of more than 14 days in relation to the planned delivery date, the Customer may withdraw from the sales contract and be reimbursed within a maximum period of 14 days following notification. Modern Gentleman may, however, defer repayment until the goods are recovered.

4.4 Upon delivery of the order, the Customer must check its contents and undertakes, in case of apparent non-conformity of the latter, to notify by e-mail to the address [email protected] as soon as possible.

Article 5 - Method of payment

5.1 The prices are indicated in euros, including VAT at the current rate of 20%, but excluding shipping and handling costs.

5.2 Modern Gentleman reserves the right to change the price of items at any time.

5.3 Items and any charges will be invoiced on the basis of the rates in effect at the time the order is placed.

5.4 Retention of title: Products remain the property of Modern Gentleman until full payment is received.

5.5 The payment of the articles on line is done by Bank Card or Paypal.

5.6 Modern Gentleman makes every effort to ensure the confidentiality and security of data transmitted over the Internet. The transaction is carried out and secured by the Stripe solution delivered by the WordPress organization. The website uses a secure payment module type SSL (Secure Socket Layer). All data exchanged on the web is encrypted. The payment is fully secured.

Article 6 - Refunds

6.1 Order Error: In the event of a model or item error during the order preparation process, Modern Gentleman will exchange the item. The return and reshipment costs will be charged to the seller.

6.2 Return by the Customer : The Customer has a legal retraction period of 14 days from the date of receipt of the items. Exceptionally, the return costs are paid by the Customer from Metropolitan France. The return costs from the DOM-TOM, Belgium, Luxembourg, Switzerland or any other country delivered exceptionally are not refundable.Upon receipt of the package, Modern Gentleman will judge the perfect condition of the items.No return will be accepted if the returned products have been visibly worn, damaged, worn, damaged or their packaging damaged or deteriorated, making the product unfit for resale.If the return is refused by Modern Gentleman, the items will be returned to the Customer at Modern Gentleman's expense without the Customer being able to demand a refund or any compensation.

6.3 Refunds:In the event that Modern Gentleman issues a product refund, it will be made by crediting the Customer's bank account within a maximum of 7 days from the date of notification of the refund. Modern Gentleman may, however, defer repayment until the goods are recovered. Modern Gentleman will then refund all sums paid in connection with the order, including delivery charges if they have been invoiced. Returned items are only accepted if they have never been worn and are in perfect condition, returned in their original box. The return label must then be glued to the cardboard package. Modern Gentleman authorizes itself the right to refuse to refund a customer in the case of abnormal use of the product such as: replacement of consumables (batteries, bracelets ...) damage caused by abnormal use or non-conformity of products, damage due to the intervention of a non-approved repairer, damage resulting from a cause external to the product (accident, shock ...).

Article 7 - Availability

7.1 Modern Gentleman will work with its customers to repair or replace any item that has hidden defects or quality problems under normal use of the product within the 14-day Legal Warranty. For optimal processing, all return requests must be notified to Modern Gentleman's customer service department by e-mail at the following address: [email protected].

7.2 In general, the warranty covers manufacturing defects that occur during normal use of the product. This therefore excludes : replacement of consumables (batteries, wristbands...), damage caused by abnormal or improper use of the products.

Article 8 - Liability

8.1 The photos are provided for illustrative purposes. Modern Gentleman invites the Customer to refer to the description of each product to know its precise characteristics. In the event of an obvious error between the characteristics of the product and its representation and/or the conditions of sale, Modern Gentleman shall not be held liable.

8.2 In the event of hyperlinks to other sites from the Modern Gentleman site, Modern Gentleman shall not be responsible for the content of the information provided on these sites after activation of these links.

8.3 In the event of professional purchases, Modern Gentleman shall not be liable for any indirect damages, operating losses, loss of profit, loss of opportunity, damages or expenses.

8.4 The products sold on Modern Gentleman are not part of its private label catalog. Modern Gentleman is a catalog sales platform and works with its own suppliers. In the event of a Customer dispute, Modern Gentleman shall not be liable.

8.5 Modern Gentleman may be exempted from all or part of its liability by proving that the non-performance or improper performance of the contract is attributable either to the Customer, or to the unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure.

Article 9 - Mediation

09. In accordance with the provisions of articles L612-1 and following of the Code of Consumption, for the amicable settlement of an unresolved dispute opposing us to a customer, you have the possibility of seizing free of charge the services of a mediator.

Article 10 - Anti-fraud

10.1 The information related to the customer's order is subject to automated data processing, for which WordPress is responsible. The purpose of this automated data processing is to define a level of analysis of a transaction and to fight against credit card fraud. WordPress and Modern Gentleman are the recipients of the data related to the Customer's order.

10.2 The non-transmission of data related to the Customer's order prevents the completion and analysis of the Customer's transaction. The occurrence of an unpaid invoice due to fraudulent use of a bank card shall result in the registration of the details relating to the Customer's order associated with this unpaid invoice in a payment incident file set up by Stripe. An irregular declaration or an anomaly may also be subject to specific treatment.

10.3 In accordance with the French Data Protection Act No. 78-17 of January 6, 1978, the customer has the right to access, rectify, and oppose all of his personal data at any time by writing, by mail and providing proof of his identity, to Modern Gentleman, 16 quai de la mégisserie, 75001 Paris.

Article 11 - Applicable law

11.1 This contract is subject to French law. In case of dispute, the French courts will have exclusive jurisdiction.

11.2 This contract is written in the French language.

Article 12 - International order

16.1 The Customer must take into account the fact that, in the context of the relocation of an order or a product to another country than metropolitan France, he remains the importer (or the intra-community purchaser) of the product(s) concerned. Any customs duties, local taxes, import duties, or state taxes that may be required are the responsibility of the customer. The Customer must inform the local authorities of his residence about the conditions of entry of the ordered products and must make any corresponding declaration and/or payment to the competent bodies of the country concerned.

16.2 The Customer shall check with the local authorities the possibilities of importing or using the products or services it intends to send. The Customer must also ensure that the technical specifications of the manufacturer comply with the legislation of the country concerned. If the Customer does not respect the legislation of the country where he/she has introduced the products, we cannot be held responsible.

Article 13 - Gift Cards

13. Gift Cards may not be exchanged, credited to a card or bank account, or discounted. They are not convertible to cash and will not in any event give rise to a refund by Modern Gentleman of any difference in value between the price of the goods or services purchased and the amount on the Gift Cards. Products and/or services purchased are payable in cash.

Article 14 - Complaints

14. For any question relating to the site, to the products sold by wordpress-750756-3397345.cloudwaysapps.com and for any claim relating to an order, the Customer is invited to contact Modern Gentleman by e-mail at the following address: [email protected], provided with his or her order number when the order is confirmed. Modern Gentleman will endeavour to respond to the Customer within a reasonable timeframe upon receipt of the request. Modern Gentleman is committed to respecting all measures taken by the law n°2014-244 known as the Hamon law relating to consumption. Last modification date: February 01, 2023