International orders (outside EU): customs duties and import taxes are the responsibility of the buyer. Orders cannot be cancelled due to refusal to pay customs fees.
GENERAL TERMS AND CONDITIONS OF SALE
These General Terms and Conditions of Sale (hereinafter the "GTC") apply to all products sold on www.blackgoose-watches.com, owned by SAS Atelier de Créations Horlogères, registered with the Trade and Companies Register of Nice under SIRET number 95273050500015, with its registered office at 17 rue de Rivoli, 06000 Nice, France (hereinafter referred to as “ACH”).
ARTICLE 1 – PURPOSE
These GTC govern all sales of products carried out by Atelier de Créations Horlogères (ACH) via its website.
ARTICLE 2 – PRICES
Prices are indicated in euros, all taxes included (VAT and other applicable taxes at the time of order), unless otherwise stated, and excluding processing and shipping costs unless expressly indicated.
For any order shipped to a country outside the European Union, the customer acts as the importer of record for the products concerned.
INTERNATIONAL SALES – INCOTERM DAP (DELIVERED AT PLACE)
For all deliveries outside the European Union, sales are made under the Incoterm DAP (Delivered At Place), duties and taxes unpaid.
The customer is solely responsible for the payment of all customs duties, import taxes, customs clearance fees or any other local taxes required by the authorities of the destination country.
These charges are determined exclusively by the local authorities and are strictly outside the jurisdiction and control of ACH. ACH shall not be held liable for their amount, modification, increase or enforceability.
All orders, regardless of their origin, are payable in euros.
ACH reserves the right to modify its prices at any time. Products will be invoiced on the basis of the price in force at the time the order is validated, subject to availability.
Products remain the property of ACH until full payment of the price has been received. Transfer of risk occurs upon physical delivery of the products to the customer.
ARTICLE 3 – PRODUCTS
Products offered for sale comply with current French legislation. ACH cannot be held liable in the event of non-compliance with the legislation of the country where the products are delivered.
It is the customer’s responsibility to verify with local authorities the import conditions or usage restrictions applicable to the products ordered.
In accordance with Article L.111-1 of the French Consumer Code, each product is accompanied by a description of its essential characteristics.
Images, photographs, texts, graphics and all descriptive content are provided for illustrative purposes only and are non-contractual. Variations in color, material appearance or perception may occur depending on lighting, environment and materials used.
ARTICLE 4 – ORDERS
Orders may be placed via www.blackgoose-watches.com. Contractual information is presented in French.
ACH reserves the right not to record a payment or not to confirm an order for any reason, particularly in the event of supply issues or difficulties related to the received order.
ARTICLE 5 – ORDER VALIDATION
Any order placed on the website implies full and unconditional acceptance of these GTC.
Order confirmation constitutes acceptance of the transaction and acknowledgment of the information provided.
The confirmation of the order constitutes an electronic signature and acceptance of the operations carried out.
ACH reserves the right to refuse any order, notably if payment providers indicate unverifiable billing information or if security systems detect anomalies suggesting fraudulent activity.
ARTICLE 6 – PAYMENT
Validation of the order implies an obligation to pay the indicated price.
Payments are processed securely via PayPal. ACH never has access to customers’ banking details, which are handled exclusively by PayPal and the customer’s banking institution.
Customers may pay by credit card without creating a PayPal account or via their PayPal account if they have one.
ARTICLE 7 – RIGHT OF WITHDRAWAL AND RETURNS
In accordance with Article L.221-18 of the French Consumer Code, customers benefit from a withdrawal period of fourteen (14) days from receipt of the products to exercise their right of withdrawal without providing any reason or penalty.
Returned products must be unused, unworn, complete and in their original packaging (including accessories, documentation and boxes). The customer is responsible for any depreciation resulting from handling beyond what is necessary to establish the nature and characteristics of the product.
Return shipping costs are borne by the customer.
EXCLUSION OF WITHDRAWAL IN CASE OF REFUSAL OF CUSTOMS CLEARANCE
The right of withdrawal does not apply where the customer refuses to pay customs duties, import taxes or clearance fees required by the authorities of the destination country.
A refusal to pay customs charges does not constitute a valid cancellation of the order nor a legitimate exercise of the right of withdrawal.
RETURN COSTS CAUSED BY REFUSAL OF IMPORT DUTIES
If a shipment is returned due to the customer’s refusal to pay customs duties, import taxes or clearance fees, all return shipping, handling and storage costs charged to ACH will be deducted from any refund.
Refunds will be issued only after the product has been effectively returned to ACH in its original condition.
Beyond the legal withdrawal period, products may not be returned, exchanged or refunded.
ARTICLE 8 – AVAILABILITY
Products are offered subject to availability while visible on the website.
In the event of unavailability after order placement, the customer will be informed by email and refunded without delay.
ACH does not intend to sell its products in large quantities and reserves the right to refuse orders involving excessive quantities of a single item.
ARTICLE 9 – DELIVERY
Products are delivered to the address indicated by the customer during the ordering process.
Orders are shipped from Nice, France, within 1 to 5 business days. Delivery times depend on the destination and are indicative only.
ACH shall not be held liable for delays, blockages or returns caused by customs authorities, import formalities or the customer’s refusal to pay import duties.
For security reasons, deliveries are made against signature.
Delivery to hotels or PO boxes may result in order cancellation.
ARTICLE 10 – WARRANTY
All products benefit from the legal warranty of conformity and the warranty against hidden defects in accordance with Articles 1641 et seq. of the French Civil Code.
ARTICLE 11 – LIABILITY
ACH shall not be held liable for damages resulting from improper use of the product purchased.
ACH shall not be responsible for any inconvenience or damage inherent to the use of the internet, including service interruptions, external intrusion or computer viruses.
ARTICLE 11 BIS – WARRANTY, MAINTENANCE AND THIRD-PARTY INTERVENTION
All watches manufactured, assembled or adjusted by ACH are subject to rigorous quality control prior to shipment. Each watch is regulated on a test bench and manually inspected.
-
Legal and Workshop Warranty
In accordance with Articles L.217-3 et seq. of the French Consumer Code, the customer benefits from the legal warranty of conformity for a period of two (2) years from delivery.
In addition, ACH provides a workshop warranty covering any manufacturing or assembly defect identified within six (6) months following delivery, provided the product is returned in its original condition with proof of purchase.
-
Warranty Exclusions
All warranties are void in the following cases:
• opening, dismantling, modification or repair by a third party not authorized by ACH;
• shock, fall, non-compliant immersion, oxidation or abnormal use;
• exposure to magnetic fields, extreme temperatures or corrosive substances;
• normal wear and tear (strap, crystal, seals, etc.) or aesthetic alteration over time.
Any third-party intervention on the movement, case or dial immediately voids all warranties, including for bespoke watches.
-
After-Sales Service Procedure
In the event of a malfunction, the customer must contact ACH before taking any action.
No watch may be opened or entrusted to a third-party watchmaker before ACH has carried out its diagnosis.
Shipping costs for after-sales service are borne by the customer, except in the case of a recognized defect.
ARTICLE 12 – GOVERNING LAW AND JURISDICTION
These GTC are governed by French law. Any dispute shall be subject to the exclusive jurisdiction of the competent French courts, following an attempt at amicable resolution.
ARTICLE 13 – MODIFICATION OF TERMS
ACH reserves the right to modify these GTC at any time. The applicable version shall be the one in force at the time the order is placed.
ARTICLE 14 – INTELLECTUAL PROPERTY
All elements of the website www.blackgoose-watches.com remain the exclusive intellectual property of ACH. Any reproduction, exploitation or use, even partial, is strictly prohibited without prior written authorization.
ARTICLE 15 – PERSONAL DATA
ACH collects personal data necessary for order processing and service improvement. Such data may be shared with service providers involved in payment processing, order fulfillment and delivery.
Customers have rights of access, rectification and opposition in accordance with applicable data protection laws.
ARTICLE 16 – ARCHIVING AND PROOF
ACH archives purchase orders and invoices on a reliable and durable medium constituting a faithful copy in accordance with Article 1348 of the French Civil Code.
Electronic records maintained by ACH shall be considered proof of communications, orders, payments and transactions between the parties.
For any questions, please contact: hello@blackgoose-watches.com