General Terms and Conditions of Sale
Preamble
The company O’CLOCK STORE, a limited liability company registered with the NANTES Trade and Companies Register (RCS) under number 927 459 917, with headquarters located at 22 Mail Pablo Picasso, 44000 NANTES, operates this website to facilitate connections between businesses, professionals, and individuals for the sale of watches.
O’CLOCK STORE acts as an intermediary (commission agent) between the manufacturer/supplier of the product and the buyer.
The supplier’s identity appears on the invoice issued by O’CLOCK STORE upon product purchase.
Nevertheless, O’CLOCK STORE provides the buyer with all seller warranties as detailed in these general terms and conditions.
Article 1 – Entire Agreement
These general terms and conditions constitute the entire agreement between the parties. The buyer is deemed to accept them unconditionally.
These terms apply exclusively, excluding all other conditions, particularly those applicable to in-store sales or other distribution channels.
They are accessible on www.oclockstore.fr and, where applicable, prevail over any contradictory documents.
The seller and buyer agree that these terms exclusively govern their relationship. The seller reserves the right to amend these conditions occasionally, effective upon their publication online.
If a sales condition is missing, it shall be governed by practices prevailing in distance selling between companies based in France.
Article 2 – Scope
These general conditions define the rights and obligations of the parties concerning the online sale of products offered by the seller to the buyer via www.oclockstore.fr.
These terms apply solely to purchases made by customers located in France and delivered within French territory. For deliveries outside France, contact: contact@oclockstore.fr. These terms apply to countries indicated on the website.
These purchases relate to watches and horology products.
The buyer acknowledges having read and accepted these terms before purchase or ordering, making them enforceable per Article 1119 of the French Civil Code.
In case of conflicting clauses between terms cited by each party, incompatible clauses are void.
Article 3 – Pre-contractual Information
3.1 Before ordering, the buyer acknowledges having received these terms and all information listed in Article L. 221-5 of the French Consumer Code clearly and understandably.
3.2 Information provided includes:
Essential product characteristics;
Product prices;
Additional costs (transport, customs duties, local taxes payable upon delivery);
Delivery date or timeframe indicated on the product page and during order validation;
Seller identity and contact details, legal warranties, digital content functionalities, and any applicable guarantees and conditions.
3.3 Seller details communicated:
Company name, geographic and headquarter address, phone number, email;
Payment, delivery, and contract execution terms and complaint handling procedures;
Legal warranty of conformity per Articles L. 217-3 et seq. of the Consumer Code, warranty against hidden defects per Articles 1641 et seq. of the Civil Code, and commercial warranty and after-sales service, if applicable;
Contract termination conditions.
Article 4 – Orders
Orders can be placed online via the available product catalog and form, subject to stock availability. The buyer is notified by email if a product becomes unavailable.
Orders are validated upon acceptance of these terms, choosing delivery details, and payment method.
Sales are final upon confirmation email and full payment receipt.
Any order constitutes acceptance of the prices and descriptions of the products available for sale.
Any dispute concerning this matter shall be addressed within the scope of a potential exchange and the guarantees mentioned below.
In certain cases, including non-payment, incorrect address, or other issues with the buyer's account, the seller reserves the right to block the buyer's order until the issue is resolved.
Cancellation of the order for this Product and any corresponding refund shall then be processed.
For any inquiries regarding order tracking, the buyer may contact the website via the following email address: contact@oclockstore.fr or by using the contact form available under the 'contact' section.
Order status tracking is available in the customer area of the website under 'my orders'."
Article 5 – Electronic Signature
Online provision of payment details (credit card, Paypal, Alma) and final order validation constitute the buyer’s express consent and obligation to pay.
For fraudulent payment card use, contact immediately: contact@oclockstore.fr.
Article 6 – Order Confirmation
Express acceptance to contract and payment occurs by clicking "validate order" and entering payment details. A digital invoice confirming parties' obligations is available in the customer area, with confirmation sent via email.
Article 7 – Transaction Proof
The electronic records, stored in the seller's computer systems under reasonable security conditions, shall be considered as proof of the communications, orders, and payments made between the parties. The archiving of invoices is carried out on a reliable and durable medium, which can be produced as evidence."
Article 8 – Product Information
The products governed by these terms and conditions are those listed on the seller's website and indicated as sold and shipped by the seller. They are offered within the limits of available stock.
The products are described and presented with the utmost accuracy possible. However, if errors or omissions have occurred in this presentation, the seller’s liability cannot be engaged.
Product photographs are non-contractual. The rendering and resolution of the photos on the website are dependent on the type of device used by the buyer during their visit to the site. The final product may have minor differences in appearance or color compared to the photographs on the website
Article 9 – Price
The seller reserves the right to modify its prices at any time but commits to applying the rates in effect at the time of the order, subject to availability on that date.
The prices are listed in euros. They do not include delivery fees, which are charged additionally if applicable, and will be indicated prior to order confirmation. Prices are inclusive of VAT applicable on the day of the order, and any changes to the applicable VAT rate will be automatically reflected in the price of the products in the online store.
Full payment of the price must be made at the time of the order. At no time can the amounts paid be considered as deposits or down payments.
If any taxes or contributions, including environmental taxes, are created or modified, either increased or decreased, such changes may be reflected in the sale price of the products.
For sales within the European Union, prices include the applicable VAT in the destination country, in accordance with regulations on intra-community sales.
For sales to Switzerland or other countries outside the European Union, customs duties and/or local taxes may apply in addition. These charges, determined by local authorities, are the responsibility of the buyer and must be paid directly to customs or the carrier at the time of delivery.
The price is payable in full and in a single payment upon delivery, through the following methods: credit card, Alma, PayPal, Google Pay, Apple Pay.
9.1 Gift Cards, Promotional Codes, or Discount Coupons
Gift cards are redeemable throughout the entire website, unless otherwise stated or restricted on the cards, for the duration of their validity.
Only one gift card can be used per order and cannot be combined with other ongoing offers or discounts.
Discount coupons, vouchers, or promo codes are redeemable across the entire website, with one coupon, voucher, or promo code per order, and they cannot be combined with other coupons, vouchers, or discounts.
In the event of a refund for an order, the entire order will be refunded to the buyer.
The buyer may reuse the gift card, voucher, or coupon as long as they are valid and have not expired.
9.2 Loyalty Program
A loyalty program is implemented to offer commercial promotions from time to time to customers who have previously made one or more purchases on the Site.
Article 10 – Payment Methods
This is an order with a payment obligation, meaning that placing the order implies payment by the buyer.
To pay for the order, the buyer has, at their choice, all the payment methods made available by the seller and listed on the seller's website. The buyer guarantees to the seller that they have any necessary authorizations to use the chosen payment method when confirming the order. The seller reserves the right to suspend any order processing and delivery in the event of a payment authorization refusal by the officially accredited payment institutions or in the event of non-payment. The seller also reserves the right to refuse to make a delivery or fulfill an order from a buyer who has not fully or partially paid for a previous order or with whom there is an ongoing payment dispute.
Payment of the price is due in full at the time of the order by credit card or through the other payment services mentioned above.
10.1 Alma's credit service is offered for the settlement of purchases and the processing of payments, provided that the person purchasing the goods or services through Alma ("Buyer") accepts the installment payment or deferred payment agreement.
Fees may be charged by Alma.
Any refusal by Alma to grant installment payment or deferred payment may result in the cancellation of the purchase agreement for the goods or services ("Terms and Conditions"), unless the Buyer agrees to pay the full purchase amount in cash.
In the event of termination of the Terms and Conditions, the installment payment or deferred payment agreement will be automatically terminated.
In the event of withdrawal from the installment payment or deferred payment option used for your payment, the Terms and Conditions will be automatically terminated, unless you pay the full purchase amount in cash through Alma. If the product has already been shipped to you, you must return it within the maximum period stipulated in these Terms and Conditions.
Article 11 – Product Availability and Refunds
Except in cases of force majeure or during periods of closure of the online store, which will be clearly announced on the homepage of the website, the processing times for the order are indicated on the product page. The shipping times will, subject to stock availability, be those indicated on the website when the order is completed. Shipping times begin from the date of order registration as indicated in the order confirmation email.
In the event of failure to meet the agreed delivery date or timeframe, the buyer must, before terminating the contract, request that the seller perform the contract within a reasonable additional period.
If the contract is not performed by the end of this new period, the buyer may freely terminate the contract without receiving any compensation or indemnity other than the refund of the amount paid.
The buyer must complete these formalities in succession by email to the following address: contact@oclockstore.fr
The contract will be considered terminated upon receipt by the seller of the buyer’s request by email, letter, or written notice informing the seller of the termination, unless the seller has performed the contract in the meantime.
In this case, when the contract is terminated, the seller is required to refund the buyer the full amount paid, no later than 14 days from the date the order was placed.
In the event of unavailability of the ordered product, the buyer will be informed as soon as possible and will have the option to cancel the order. The buyer will then have the choice to request either a refund of the amounts paid within 30 days at the latest from the payment date, or an exchange of the product.
Article 12 – Delivery Terms
Delivery is understood as the transfer to the consumer of physical possession or control of the goods. It is only made after payment confirmation by the seller's bank.
The ordered products are delivered according to the method chosen by the buyer when finalizing the order.
The products are delivered to the address provided by the buyer on the order form, and the buyer must ensure its accuracy. Any package returned to the seller due to an incorrect or incomplete delivery address will be resent at the buyer's expense. The buyer may, upon request, by selecting the appropriate option on the website when finalizing the order, request that the invoice be sent to the billing address rather than the delivery address.
Unless otherwise stated on the site, products are shipped with signature confirmation. The buyer must take all necessary measures to receive the products in good condition.
If the buyer is absent on the delivery day, the delivery service will leave a notice in the mailbox, which will allow the buyer to pick up the package at the indicated location and within the specified time frame.
If, at the time of delivery, the original packaging is damaged, torn, or opened, the buyer must then check the condition of the items. If they are damaged, the buyer must refuse the package and note a reservation with the carrier (package refused as opened or damaged).
The buyer must report any anomaly concerning the delivery (damage, missing items as per the delivery note, damaged package, broken items, etc.) to the carrier and include a reservation with their signature. This should also be communicated to the Site at the email address contact@oclockstore.fr or via the contact form.
This verification is deemed completed once the buyer, or a person authorized by the buyer, has signed the carrier's delivery note.
The buyer must then confirm these reservations to the following email address contact@oclockstore.fr or via the contact form on the Site, no later than two working days following receipt of the item(s).
If the products need to be returned to the seller, a return request must be made within 5 days following delivery. Any claims made outside this period will not be accepted. The return of the product will only be accepted if the product is in its original condition (packaging, accessories, instructions, etc.)
Article 13 – Delivery Errors
The buyer must submit any claim regarding delivery errors and/or non-conformity of the products in nature or quality compared to the details on the order form, on the same day of delivery or no later than the seventh working day following the delivery. Any claim made after this period will be refused.
The claim may be made to the following email address: contact@oclockstore.fr.
Any claim not made in accordance with the rules outlined above and within the given timeframe will not be considered and will release the seller from any liability toward the buyer. Upon receipt of the claim, the seller will decide on the validity of the return request and will inform the buyer by email and, if applicable, send a return slip by email.
Any return made without prior approval from the seller will be refused.
In the case of a delivery error or exchange, any product to be exchanged or refunded must be returned to the seller in its entirety, in its original packaging, and using the return slip provided by the seller.
Article 14 – Risk Transfer
The ownership of the sold item is transferred to the buyer upon their validation of the delivery by the carrier.
Article 15 – Product Warranty
15.1 Legal Warranty of Conformity and Legal Warranty for Hidden Defects
The company O'CLOCK STORE warrants the conformity of the goods to the contract, allowing the buyer to make a claim under the legal warranty of conformity provided for in Articles L. 217-4 et seq. of the French Consumer Code or the warranty for hidden defects of the sold item as per Articles 1641 et seq. of the French Civil Code.
In the event of the implementation of the legal warranty of conformity, it is reminded that:
The buyer benefits from a period of 2 years from the delivery of the item to take action;
The buyer can choose between the repair or replacement of the item, subject to the cost conditions provided for in Article L. 217-12 of the French Consumer Code;
The buyer is exempt from providing proof of the existence of the defect of conformity during the first 6 months following the delivery of the item.
Furthermore, it is reminded that:
The legal warranty of conformity applies independently of the commercial warranty outlined below;
The buyer may decide to invoke the warranty against hidden defects of the item sold, as per Article 1641 of the French Civil Code. In this case, the buyer can choose between the resolution of the sale or a price reduction in accordance with Article 1644 of the French Civil Code.
The legal warranty of conformity does not cover defects caused by abnormal or improper use or resulting from a cause unrelated to the intrinsic qualities of the products. It also does not cover the straps or various accessories that may accompany the ordered item.
Article 16 – Withdrawal Rights
The buyer has a period of 14 working days from the date of delivery of their order to return any item that is not suitable and request an exchange or refund without penalty.
However, the products must be returned in their original packaging and in perfect condition within 14 days following the notification to the seller of the buyer’s decision to withdraw. The seller will send a return slip to the buyer by email to facilitate the shipment of the product.
The products must be returned in their original and complete condition (packaging, accessories, instructions, etc.) allowing them to be resold as new, accompanied by the purchase invoice. Damaged, soiled, or incomplete products will not be accepted.
Damaged, soiled, used, or incomplete products will not be accepted or will be refunded partially.
The right of withdrawal can be exercised online using the withdrawal form available on the website or through the contact form on the Site. An acknowledgment of receipt will be provided to the buyer.
If the right of withdrawal is exercised within the aforementioned period, the price of the purchased product(s) as well as the delivery costs, if applicable, will be refunded, within the limit of the delivery costs for a product in mainland France.
Return shipping costs are borne by the seller.
The exchange (subject to availability) or refund will be made within 14 days of the seller's receipt of the returned products from the buyer under the conditions specified above.
Furthermore, Article L. 221-18 of the Consumer Code stipulates that the consumer has a period of 14 days to exercise their right of withdrawal from a distance contract without having to justify their decision or bear any costs other than those provided for in Articles L. 221-23 to L. 221-25
Article 17 – Force Majeure
Any circumstances beyond the control of the parties that prevent the performance of their obligations under normal conditions shall be considered as grounds for the exemption from their obligations and will result in their suspension.
The party invoking the above circumstances must immediately notify the other party of their occurrence, as well as their cessation.
Force majeure shall be considered as any irresistible event or circumstance, external to the parties, unforeseeable, unavoidable, independent of the will of the parties, and which cannot be prevented by them despite all reasonable efforts. Specifically, force majeure or fortuitous events include, in addition to those typically recognized by the case law of French courts and tribunals: blockage of transportation or supply means, earthquakes, fires, storms, floods, lightning, stoppage of telecommunication networks, or difficulties related to telecommunication networks external to the clients.
The parties will meet to assess the impact of the event and agree on the conditions under which the contract will continue. If the force majeure event lasts for more than 15 days, these terms and conditions may be terminated by the buyer.
Article 18 – Intellectual Property
The content of the website (technical documents, drawings, photographs, etc.) remains the property of the seller, who is the sole holder of the intellectual property rights to this content.
Buyers agree not to use this content in any way; any total or partial reproduction of this content is strictly prohibited and may constitute an offense of infringement.
Article 19 – Data Protection
The personal data provided by the buyer is necessary for the processing of their order and the issuance of invoices.
This data may be communicated to the seller's partners responsible for the execution, processing, management, and payment of orders.
The processing of the information provided via the website has been declared to the CNIL (French Data Protection Authority).
The buyer has a permanent right of access, modification, correction, and opposition concerning the information about them. This right can be exercised under the conditions and in the manner defined on the website .
Article 20 – Partial Invalidity
If one or more provisions of these terms and conditions are deemed invalid or declared as such under the application of a law, regulation, or as a result of a final decision by a competent court, the remaining provisions will retain their full force and effect.
Article 21 – Non-Waiver
The failure of either party to enforce a breach by the other party of any of the obligations set forth in these terms and conditions shall not be interpreted as a waiver of the obligation in question for the future.
Article 22 – Headings
In the event of any difficulty in interpretation between any of the headings appearing at the beginning of the clauses and any of the clauses themselves, the headings will be deemed to be non-existent.
Article 23 – Contract Language
These general terms and conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute. The fact that, where applicable, regular exchanges between the seller and the consumer may take place wholly or partially in a language other than French shall not in any case be considered as a waiver of the application of these general terms and conditions of sale or any of their provisions.
Article 24 – Mediation
The buyer may resort to conventional mediation, notably with the Consumer Mediation Commission or with existing sectoral mediation bodies, or any alternative dispute resolution method (such as conciliation) in the event of a dispute.
Article 25 – Governing Law
These terms and conditions are subject to the application of French law, to the exclusion of the provisions of the Vienna Convention. This applies to both substantive and procedural rules. In the event of a dispute or complaint, the buyer shall first contact the seller to seek an amicable solution
WITHDRAWAL FORM:
To the attention of O'CLOCK STORE, whose headquarters is located at 22 Mail Pablo Picasso, 44000 NANTES, and whose email is
I hereby notify you of my withdrawal from the contract concerning the sale detailed below:
Ordered on:
Product reference:
Received on:
Consumer's name:
Consumer's address:
Consumer's signature:
Date: