SCOPE OF TERMS & CONDITIONS
The general Terms & Conditions of Sale of www.mallofthewatch.com website applies to any order of products on sale via its company DITRA SARL located 7 Avenue de la Costa 98000 MONACO, VAT number FR15000117274, téléphone : +3220.127.116.11.25.
Any order placed by a person on the website implies full and whole acceptance of the Terms & Conditions.
The Terms & Conditions that apply to the sale contract between DITRA SARL and the Customer are those in force on the day that the Customer validates the order. They replace all other conditions.
The company DITRA SARL reserves the possibility to adapt or modify the Terms & Conditions without notice; the adaptations or modifications will then immediately apply to all further orders taken subsequently to these adaptations or modifications without formality, which the Customer accepts irrevocably and without reserve
Article 1 : Sales contract and purchase order
1.1 Creating a customer account.
The customer declares that he has the legal capacity to enter into contracts. In order to make an order on the website, the Customer must create a customer account.
The customer must imperatively provide the coordinates allowing the treatment of his orders (billing, delivery). The Customer agrees to update this information as soon as a change occurs.
The Customer is solely responsible for accessing the website with the assistance of his identifiers, except where he reports evidence of fraudulent use
All the products present on our website have a description about technicity, price and availability. The product can be “in stock” or “on demand” with a dedicate delay. The company cannot be responsible of these information if they are inexact.
The customer has to log into his account and verify the product and the quantity purchased. Products are present on his “cart”. The customer has the possibility to modify the items and the quantity. He will also be able to verify all the information concerning his billing and delivery addresses.
The customer will have to confirm his choice by validating his cart and by accepting the Terms & Conditions.
The customer will have then to choose and to proceed to the payment according to the Terms & Conditions.
Once payment done, the Customer will receive an order confirmation via email.
The button "Confirm my order" constitutes an electronic signature as provided for in articles 1163-1 and following the Monegasque Civil Code, and corresponds to the validation of the order and the acceptance of the terms defined by these Terms & Conditions.
The customer will be informed within (x) days after purchase confirmation in case of unavailability of the product.
In this case, the website will either cancel the purchase or propose a similar product to its customer.
1.3 Right of cancellation
Due to external events or stock unavailability, we may cancel an order. We will contact the Customer as soon as possible.
If we have to cancel an order already paid, we will refund the amount within 7 working days.
Article 2 : Price and payment
Our prices are in €uros all taxes included. The VAT rate is the one prevailing in the Principality of Monaco on the day of purchase. The prices mentioned on our website are delivery charges or other taxes excluded.
The company reserves the right to cancel an order in case of excessively low price displayed. The Customer will be informed as soon as possible and will be refunded.
Accepted payments :
- By credit card: Visa, Mastercard + 1% fee and American Express + 3.5% fee
- Bank transfer
- Cash: only in our showroom
Payments are made through XXXX an internet payment operator. All payments made on our website are subject to secure processing using the SSL protection protocol XXXX that guarantees the security of online payments.
We will not proceed to the delivery of any product if we have sufficient reasons to believe of a fraudulent payment or use of a credit card.
2.3 Custom duties
If you are located outside Europe, you may pay custom duties or taxes due in your country.
You are responsible for the respect and payment of these duties and taxes.
We are not responsible for the existence and amount of customs duties and other taxes. We advise you to contact your local customs office for further information.
Article 3 : Shipping and delivery times
At purchase validation, the Customer can choose between two mode of delivery : the pick-up in our showroom (only under appointment) or the carrier delivery.
For pick up in our showroom no delivery charges will be due by the Customer.
In the case of delivery, we will inform the Customer of the shipment by email with the name of the carrier and the tracking number. The delivery is made by a carrier mandated by the website. We do not accept shipments from the Customer by an external carrier.
Products are delivered to the address indicated by the Customer in his “customer account”.
It is his entire responsibility to verify that the mentioned information are correct.
In case of error on the delivery address provided by the Customer, the product will be redirected at his cost.
The delivery occurs once the Customer signed upon receipt. In the absence of the Customer the day of the delivery, a note will be left in his mailbox. The Customer must contact the carrier to plan another delivery. Delivery delay does not entitle any compensation for the Customer.
Time delivery is indicated in working days and will be effective following the email of shipment confirmation mentioning the name of the carrier and tracking number. It is an estimated time and it doesn’t take into account the preparation time of the order.
For products in stock, the average time is 1-2 working days for any destination in the world. In case of delay, the Customer is invited to check its shipment on carrier’s website. Mall of the Watch cannot be responsible of this delay.
For products « on order » the estimated time is between 4 to 8 weeks approximatively. Orders placed on the website during weekends or during public holiday will be processed the next working days.
3.3 Receipt of the parcel
When you receive your order, please check your package with the carrier, whether the parcel has not been damaged or that it has not be opened by the carrier.
In case of doubt, it is essential to mention “subject to unpacking” and to open the parcel in front of the carrier.
All our packages are under strapping, and packaged under video surveillance. If you receive a package that seems suspicious, do not hesitate to refuse it.
If not, your order will not be covered by our insurance. No claim will be taken into account.
Article 4 : Right of withdrawal and return
4.1 Right of withdrawal
According to the Article L. 121-20 of the Consumer Code, "the buyer has a period of fourteen clear days to exercise his right of withdrawal without having to justify reasons or to pay penalties, to the exception of return costs. "
Therefore, the customer has fourteen days from the receipt of the goods. The right of withdrawal can be exercised by contacting the website by email: email@example.com
For purchases made in our Showroom, the right of withdrawal does not apply because it is not an online sales.
In case of exercising the right of withdrawal within the aforementioned period, only the price of the product purchased will be refunded, the cost of return will be at the charge of the Customer. Product returns are to be made in their original condition and complete (packaging, accessories, instructions ...) so that they can be put back on sale. The product should not have been used and should be returned in the same condition as you have received it.
The documents and accessories associated with a product greatly increase the value of the product and their absence or damage will have a negative impact on the value of the product. Therefore, in case of missing accessories, if you have made any unnecessary action impacting the value of the product or if you have not taken care to return the products in their original condition we can deduct an amount of the refund.
4.2 Non-compliance and defective products
You must check the watch as soon as you receive it and have to inform us in case of defective product or not in accordance with their description. Once the confirmation of defective product by our team is provided, except you have been informed of the defect at the time of purchase, the Site will bear the cost of return and the organization of it.
You must imperatively take care of the defective products as well as the attached documents and accessories. In case of missing products (booklet, guarantee, etc ...) a financial penalty will be deducted from your refund. You will receive an email if necessary.
4.3 Product return
If you are not completely satisfied with the item you ordered, you obviously have a right of withdrawal. Purchases made online may be exchanged or refunded within 14 days of purchase only if the watch has not been used / worn.
The product should not have been used and remain in the same condition as you have received it. As long as you are not sure to keep the watch, do not wear it. It is almost impossible to wear a watch, even for a short time, and not tarnishing it or scratching it. Please note that your returns must be delivered within this period.
Returns received after this period will not be accepted unless agreed in advance with our customer service. The cost of return will be at your charge. The refund will be made by the same means of payment used during the purchase.
This right of return does not apply to watches "On order" because it is a product that we do not have in stock and that we must find following your request. (that we must look for upon your request).
Exceeding the indicative time for this type of order (4 -8 weeks) is not a reason for a purchase cancellation. Purchases made in our showroom cannot be exchanged or refunded.Please find the product return procedures :
- Make a request for return product by email to firstname.lastname@example.org
- - After validation by our service, please return the watch in the same condition as you received it: never worn with its complete set (box, warranty card, booklet, stickers ...) to the following address:
Mallofthewatch c/o S.a.r.l. Ditra
7 rue du Gabian
You are free to choose the carrier of your choice. We recommend the use of a delivery service with delivery tracking, a delivery receipt and insurance.
- If you do not have a transport solution for product return, we can help you by proposing a solution with our carriers.
Once your return product received, and after verification by our team, you will receive a confirmation email for refund (within 7 days).
Article 5 : Warranty and liability
The products are delivered in the original box with all documents including manual and international warranty provided by the manufacturer. Each watch manufacturer engraves a unique serial number on each watch for easy identification. Mall of the Watch gives you the warranty that each watch bears the serial number of the original manufacturer.
The warranty covers :
- Manufacturing defects
The warranty does not cover :
- Damage due to wear (crown, bezel, case, glass, bracelet, screw, clasp ...)
- Damage resulting from the non respect of the manufacturer's information on the water resistance. (depth, screwing the crown)
- Damage due to physical shock. - Loss of stone / diamond on the outside of the watch
- Attempts to repair by third parties.
The Customer benefits from the provisions of the legal warranty of hidden defects.
The site declines any responsibility if the article delivered does not respect the legislation of the country of delivery.
The responsibility of the site will not be engaged in case of non substantial differences between the pictures of the product sheets or other contents of the Site and the received articles.
We implement all our available means to provide the services subject of these Terms and Conditions.
5.3 Document dates
When the watch is sold with its documents, the age of the watch is determined by the age mentioned on the documents. This age is certified by the stamp applied by the seller on the documents.
If the watch is sold without its documents, it may be difficult to assess the age of the watch, especially old or collectible watches. You agree that the age mentioned in the description of the watch is given by our experts and may not reflect the actual age of the watch.
5.4 Intellectual property rights
Trademarks, domain names, products, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the Site. No assignment of intellectual property rights is carried out through these Terms & Conditions.
Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
Article 6 : Protection of personal data
Article 7 Jurisdiction place
All relations between the website and the Customer are subject to Monegasque law.
In case of dispute, the Monegasque courts will have sole jurisdiction.