General conditions of sale of goods to consumers These general conditions of sale govern the contractual relations between: (i) the company O'thentique by WatchThroughMe (hereinafter referred to as “the Company” or “the Seller”), a joint stock company. simplified ons with capital of 300 euros whose head office is 33 boulevard Charles Guillaumont 06160 Antibes registered in the trade and companies register of the Antibes Commercial Court under number 949 102 073 and, (ii) its consumer customers below referred to as “the Buyer(s)” Article 1 – Completeness These general conditions express the entirety of the obligations of the parties. In this sense, the Buyer is deemed to accept them without reservation. These general conditions of sale apply to the exclusion of all other conditions; they contain specific provisions for purchasing via the order form. The Seller and the Buyer agree that these general conditions exclusively govern their relationship. The Seller reserves the right to modify its general conditions. They will be applicable as soon as they are put online. Article 2 - Content The purpose of these general conditions is to define the rights and obligations of the parties in the context of the sale of products offered by the Seller to the Buyer, in particular based on the quote given to the buyer. These conditions only concern purchases made by Buyers located in France and delivered exclusively on French territory. For any delivery outside France, you should send a message by email to the following address: watchthroughme@gmail.com. These purchases concern the following products: products present on the website: www.watchthroughme.com. The Buyer declares to have read these general conditions of sale and to have accepted them before his immediate purchase or the placing of his order. In this regard, they are enforceable against him in accordance with the terms of article 1119 of the civil code. Article 3 - Pre-contractual information The Buyer acknowledges having been informed, prior to placing his order and concluding the contract, in a readable and understandable manner, of these general conditions of sale and all the information listed in Article L. 221-5 of the Consumer Code. The following information is transmitted to the Buyer: - the essential characteristics of the property; - the price of the good, its method of calculation and, if applicable, all additional transport, delivery or postage costs and all other possible costs. - the terms of payment, delivery and execution of the contract, as well as the terms provided for the processing of complaints; - the existence and terms of exercise of the legal guarantee of conformity provided for in Articles L. 217-1 et seq. of the Consumer Code, the guarantee against hidden defects provided for in Articles 1641 et seq. of the Civil Code, as well as , where applicable, the commercial guarantee and after-sales service respectively referred to in Articles L. 217-15 and L. 217-17 of the Consumer Code; Article 4 - The order The Buyer has the possibility of placing his order online, from the website www.watchthroughme.com or from the catalog sent in advance and using the form which appears there, for any product, within the limits of the stocks available. If an ordered product is unavailable, the Buyer will be informed by email. For the order to be validated, the Buyer must accept, by clicking where indicated, these general conditions. He will also have to choose the address and the delivery method, and finally validate the payment method. The sale will be considered final: - after sending the Buyer confirmation of acceptance of the order by the Seller by email; - and after receipt by the Seller of the entire price. Any order constitutes acceptance of the prices and descriptions of the products available for sale. Article 5 - Electronic signature In the event of a purchase via the secure online payment platform STRIPE, the online provision of the Buyer's bank card number and the final validation of the order will constitute proof of the Buyer's agreement as to to: - the payment of sums due under the purchase order, - the signature and express acceptance of all operations carried out. In the event of fraudulent use of the bank card, the Buyer is invited, as soon as this use is noted, to contact STRIPE customer service at the address: sales@stripe.com Article 6 - Order confirmation The Seller provides to the Buyer a copy of the contract, on paper signed by the parties or on another durable medium, confirming the express commitment of the parties. Article 7 - Proof of the transaction Computerized records, kept in the Seller's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments made between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof. Article 8 - Product information The products governed by these general conditions are those which appear on the website www.watchthroughme.com or in the Seller's catalog and which are indicated as sold and shipped by the Seller. They are offered while stocks last. The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, the Seller cannot be held liable. The photographs of the products are not contractual. Article 9 - Price The Seller reserves the right to modify its prices at any time but undertakes to apply the prices in force indicated at the time of the order, subject to availability on that date. Prices are in euros. They do not take into account delivery costs, invoiced additionally, and indicated before validation of the order. The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the price of the store's products. Payment of the entire price must be made when ordering. At no time can the sums paid be considered as deposits or deposits. If one or more taxes or contributions, particularly environmental, were to be created or modified, either up or down, this change may be reflected in the selling price of the products. The price is payable in full and in a single payment when ordering. Article 10 - Method of payment To pay for his order, the Buyer has, at his choice, all the payment methods made available to him by the Seller. The Buyer guarantees to the Seller that he has the necessary authorizations to use the payment method chosen by him, when validating the order form. The Seller reserves the right to suspend all order management and delivery in the event of refusal of authorization for payment by credit card from officially accredited organizations or in the event of non-payment. The Seller reserves the right in particular to refuse to make a delivery or to honor an order from a Buyer that it has not fully settled or with whom a payment dispute is currently being investigated. The Seller has implemented an order verification procedure intended to ensure that no person uses the bank details of another person without their knowledge. As part of this verification, the Buyer may be asked to send the Seller a copy of an identity document as well as proof of address. The order will then only be validated after receipt and verification by the Seller of the parts sent. Payment of the price is made in cash when ordering, according to the following methods: bank transfer, STRIPE online payment, bank card in store or cash up to a maximum of 1000 (one thousand) euros. Payments made by the Buyer will only be considered final after actual collection of the sums due by the Seller. Article 11 - Availability of products - Reimbursement - Resolution Except in cases of force majeure or during periods when the store is closed, shipping times will be, within the limits of available stocks, those indicated below. Shipping times start from actual payment of the entire order indicated on the order confirmation email. For deliveries in mainland France, the deadline is 90 working days from the day following that on which the Buyer placed his order. In the event of non-compliance with the agreed delivery date or deadline, the Buyer must, before resolving the contract, instruct the Seller to perform it within a reasonable additional period. In the absence of execution at the expiration of this new period, the Buyer may freely terminate the contract. The Buyer must complete these successive formalities by registered letter with acknowledgment of receipt or in writing on another durable medium. The contract will be considered terminated upon receipt by the Seller of the letter or writing informing him of this resolution, unless the professional has complied in the meantime. When the contract is terminated, the Seller is required to reimburse the Buyer for all sums paid, at the latest within 14 days following the date on which the contract was terminated for lack of performance delivery. If the ordered product is unavailable, the Buyer will be informed as soon as possible and will have the option to cancel their order. The Buyer will then have the choice of requesting either a refund of the sums paid within 30 days of payment at the latest, or an exchange of the product. Article 12 - Delivery terms Delivery means the transfer to the consumer of physical possession or control of the good. It is only made after confirmation of payment by the Seller's banking organization. The products ordered are delivered according to the following methods: By an independent carrier who will notify the buyer 48 hours in advance Mandatory presence of the buyer “at the bottom of the truck”. The buyer must make all arrangements to receive the order and transport it to the location he wishes. The carrier is no longer responsible for delivery upon unloading after verification of the conformity of the products by the buyer. The products are delivered to the address indicated by the Buyer on the order form, the Buyer must ensure its accuracy. Any package returned to the Seller due to an incorrect or incomplete delivery address will be reshipped at the Buyer's expense. The Buyer may, at his request, have an invoice sent to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form. If the Buyer is absent on the day of delivery, additional delivery costs may be requested. 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 have been damaged, the Buyer must refuse the package and note a reservation on the delivery slip (package refused because open or damaged). The Buyer must indicate on the delivery note and in the form of handwritten reservations accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products, etc.). This verification is considered to have been carried out once the Buyer, or a person authorized by him, has signed the delivery note. The Buyer must then confirm these reservations to the carrier by registered mail at the latest within two working days following receipt of the item(s) and send a copy of this letter by fax or simple mail to the Seller at the address indicated in the instructions. legal of the site. If the products need to be returned to the Seller, they must be the subject of a return request to the Seller within 7 days of delivery. Any complaint made outside this deadline cannot be accepted. The return of the product can only be accepted for products in their original condition (packaging, accessories, ce number, etc.). Article 13 - Delivery errors The Buyer must make to the Seller the same day of delivery or at the latest the first working day following delivery, any claim of delivery error and/or non-conformity of the products in kind or in quality in relation to the indications appearing on the order form. Any complaint made after this deadline will be rejected. The complaint may be made, at the Buyer's choice: To the following telephone number: +33651991644 To the following email: watchthroughme@gmail.com Any complaint not made in accordance with the rules defined above and within the time limits cannot be taken into account and will release the Seller from any liability towards the Buyer. Upon receipt of the complaint, the Seller will assign an exchange number for the product(s) concerned and will communicate it by e-mail to the Buyer. The exchange of a product can only take place after the exchange number has been assigned. In the event of a delivery or exchange error, any product to be exchanged or refunded must be returned to the Seller in its entirety and in its original packaging to the following address: - 33 boulevard Charles Guillaumont 06160 Antibes. Return costs are the responsibility of the Seller. Article 14 - Transfer of risks Ownership of the item sold is transferred to the Buyer from the moment the parties agree on the item and the price. Consequently, the transfer of ownership of the products and the risks of loss and deterioration relating thereto is carried out, at the expense of the Buyer, upon acceptance of the order form by the Seller. Delivery is deemed to have been made upon delivery of the products ordered by the Seller to the carrier. Under these conditions, the Buyer therefore has no warranty recourse against the Seller in the event of failure to deliver the goods transported. Article 15 - Product warranty The Seller is responsible for any lack of conformity of the product he sold in accordance with articles L217-3 to L217-4 of the code of consumption and the legal guarantee against hidden defects in accordance with articles 1641 to 1649 of the civil code. The Company reminds the Buyer that he benefits from legal guarantees on his purchases, namely: 15.1 The legal guarantee of conformity according to which the good supplied to the customer must: ✓ possess the qualities announced by the seller ✓ be specific to the usually expected use ✓ be delivered with all the accessories provided for in the contract (packaging, instructions, etc.) ✓ correspond to the quantity, quality and any characteristics announced by the seller 15.2 The legal guarantee for hidden defects within the meaning of article 1641 of the civil code according to which the seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have it not acquired, or would have given only a lower price, if he had known them. 15.3 As part of the legal guarantee of conformity, the customer benefits from a period of two years from delivery of the product to act as a guarantee of conformity. He will be able to choose between repairing or replacing the product. However, in accordance with article L217-12 of the Consumer Code, if the requested compliance is impossible or results in disproportionate costs, the Company may opt for the most consistent implementation with regard to the defect. 15.4 As part of the legal guarantee for hidden defects, the Buyer has a period of two years from the discovery of the defect to take action with the seller. The Buyer's attention is drawn to the fact that this guarantee is limited to five years after purchase of the product. The Buyer may act if the defect: ✓ existed and was not visible at the time of purchase ✓ renders his Product unfit for the use for which it is intended ✓ reduces the use of the product to the point where the Buyer cannot would not have acquired it or at a lower price. The Buyer has the possibility either to return the product and be reimbursed or to keep the product and obtain a discount on the purchase price. Said legal guarantees cannot be implemented in the event that the damage would be the consequence use that does not comply with the instructions provided in the instructions and documents accompanying the product. 15.5 In the event of a defect affecting a product covered by legal guarantees, the Buyer must inform the seller and the seller reserves the right to exchange all or part of the equipment found to be defective. Article 16 - Right of withdrawal The Buyer, only if he is a consumer, has the right to withdraw from the purchase made, without payment of a penalty and without having to provide a reason and this, within a withdrawal period of 14 days. The right of withdrawal can be exercised via email, using the withdrawal form available, the model of which also appears at the foot of these general conditions of sale. In this case, an acknowledgment of receipt on a durable medium will be immediately communicated to the Buyer. Any other method of declaration of withdrawal is accepted. It must be unambiguous and express the desire to retract. If the right of withdrawal is exercised within the aforementioned period, the price of the product(s) purchased will be refunded and the delivery costs will be refunded. Return costs are the responsibility of the Buyer. The exchange (subject to availability) or refund will be made within 14 days of receipt by the Seller of the products returned by the Buyer under the conditions provided for above. Article 17 - Force majeure Any circumstances beyond the control of the parties preventing the execution under normal conditions of their obligations are considered as causes of exemption from the obligations of the parties and result in their suspension. The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance. All irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts, will be considered as force majeure. Expressly, the following are considered as cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, conflicts, floods, war, lightning, shutdown of telecommunications networks or difficulties specific to telecommunications networks external to customers. The parties will come together to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the force majeure lasts for more than three months, these general conditions may be terminated by the injured party. Article 18 - Intellectual property The content of the website www.watchthroughme.com or the catalog (technical documents, drawings, photographs, etc.) remains the property of the Seller, the sole owner of the intellectual property rights to this content. Buyers undertake not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and may constitute an offense of counterfeiting. Article 19 - Information Technology and Freedoms The personal data provided by the Buyer are necessary to process their order and prepare invoices. They may be communicated to the Seller's partners responsible for the execution, processing, management and payment of orders. Article 20 - Partial non-validation If one or more stipulations of these general conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force and scope. Article 21 - Non-waiver The fact for one of the parties not to take advantage of a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation in question. Article 22 - Mediation In accordance with the provisions of the Consumer Code concerning the mediation process for consumer disputes, the consumer has the right to use the mediation service free of charge by sending a complaint - electronically www.cm2c.net, in providing the following SIRET number: 949 102 073 00010, or - by post: CM2C, 14 rue Saint Jean, 75017 Paris. The solution proposed by the mediator is not binding on the parties, who remain free at any time to exit the Mediation process. In accordance with article L 612-2 of the Consumer Code, one of the prerequisites for the examination of the dispute by the mediator is the following: the consumer must justify having previously attempted to resolve his dispute with the Seller. The period within which the consumer can contact the mediator is 12 months from the date of the written complaint made to the Company. ANNEX 1 - Provisions relating to legal guarantees Reproduction of articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 of the Consumer Code; 1641 and 1648 of the civil code. Consumer Code Article L217-4 The good complies with the contract if it meets in particular, where applicable, the following criteria: 1° It corresponds to the description, type, quantity and quality, in particular in terms of which concerns functionality, compatibility, interoperability, or any other characteristic provided for in the contract; 2° It is suitable for any special use sought by the consumer, brought to the attention of the seller at the latest at the time of conclusion of the contract and which the latter has accepted; 3° It is delivered with all accessories and installation instructions, to be supplied in accordance with the contract; 4° It is updated in accordance with the contract. Article L217-5 I. In addition to the criteria of conformity to the contract, the good is compliant if it meets the following criteria: 1° It is suitable for the use usually expected of a good of the same type, taking into account, where applicable, any provision of European Union law and national law as well as any technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned; 2° Where applicable, it has the qualities that the seller presented to the consumer in the form of a sample or model, before the conclusion of the contract; 3° Where applicable, the digital elements it contains are provided according to the most recent version available at the time of conclusion of the contract, unless the parties agree otherwise; 4° Where applicable, it is delivered with all accessories, including packaging, and installation instructions that the consumer can legitimately expect; 5° Where applicable, it is provided with the updates that the consumer can legitimately expect, in accordance with the provisions of article L. 217-19; 6° It corresponds to the quantity, quality and other characteristics, including in terms of durability, functionality, compatibility and safety, that the consumer can legitimately expect for goods of the same type, having regard to the nature of the property as well as public declarations made by the seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or on labeling. II. However, the seller is not bound by any public declarations mentioned in the preceding paragraph if he demonstrates: 1° That he did not know them and was not legitimately in a position to know them; 2° That at the time of the conclusion of the contract, the public declarations had been corrected under conditions comparable to the initial declarations; or 3° That the public statements could not have influenced the purchasing decision. III. The consumer cannot contest conformity by invoking a defect concerning one or more particular characteristics of the good, of which he was specifically informed that they deviated from the conformity criteria set out in this article, a deviation to which he expressly and separately consented when of the conclusion of the contract. Article L217-12 The seller may not proceed according to the choice made by the consumer if the requested compliance is impossible or entails disproportionate costs with regard in particular to: 1° The value that the good would have in the absence of defect compliance; 2° The importance of the lack of conformity; and 3° The possible possibility of opting for the other choice without major inconvenience for the consumer. The seller may refuse to bring the property into conformity if this is impossible or involves disproportionate costs, particularly with regard to 1° and 2°. When these conditions are not respected, the consumer may, after formal notice, pursue the forced execution in kind of the solution initially requested, in accordance with articles 1221 et seq. of the civil code. Any refusal by the seller to proceed according to the consumer's choice or to bring the goods into conformity, is justified in writing or on a durable medium Article L217-16 In the cases provided for in Article L. 217-14, the consumer informs the seller of his decision to terminate the contract. He returns the goods to the seller at the latter's expense. The seller reimburses the consumer the price paid and returns any other benefits received under the contract. If the lack of conformity only concerns certain goods delivered under the sales contract, the consumer has the right to terminate the contract for all goods, even those not covered by this chapter, if there is no can reasonably expect him to agree to keep only the conforming goods. For contracts mentioned in II of Article L. 217-1, providing for the sale of goods and, incidentally, the provision of services not covered by this chapter, the consumer has the right to the resolution of the entire contract. CONTRACT. In addition, in the case of a bundled offer within the meaning of article L. 224-42-2, the consumer has the right to terminate all related contracts. The respective obligations of the parties to the contract, mentioned in article L. 224-25-22 and relating to the consequences of the resolution for digital content and digital services, are applicable to the resolution of the contract of sale of a well containing digital elements.