Version dated 9 January 2025

PREAMBLE

MAISON BOANTON, a French simplified joint stock company, with a corporate stock of €30,300 and registered offices at 30 B rue du Vieil Abreuvoir, 78100 Saint-germain-en-Laye - France, registered in the Versailles Trade and Companies Register under number 910 542 455, email: hello@boanton.com, intra-community VAT number: 95 910 542 455 (hereafter the 'Seller'), designs and sells watches and watch items under the MAISON BOANTON brand (hereafter the 'Products').

MAISON BOANTON has established a remote sales system of the Products via its website which can be accessed at the following address: www.maisonboanton.com (hereafter the ‘Website’). 

ARTICLE 1 : SCOPE OF APPLICATION

The current terms and conditions are intended to define the rights and obligations of the parties in the context of the sale of the Products offered by the Seller to the buyer on the Website.

Any validation of orders imply the acceptance without reserve of the current terms and conditions, which the client is considered to have taken knowledge of.

The current terms and conditions express the entirety of the obligations of the parties. They apply themselves to the exclusion of all other conditions, and notably those applicable for sales in store or by other means of distribution and marketing. They are accessible at any moment on the Website www.maisonboanton.com and prevail, when applicable, to any other version or any other contradicting document.

The Seller reserves the right to modify occasionally its terms and conditions. They are applicable as soon as they are posted online.

In case of absence of terms and conditions, the relation between parties will be governed by the applicable legal dispositions in France.

ARTICLE 2 : PRECONTRACTUAL INFORMATION

The buyer recognizes having been informed, before going through with his order and on the conclusion of the contract, of the present terms and conditions of sale and all the information listed in the article L. 221-5 of the Code de la Consommation.

Is communicated to the buyer, clearly and comprehensively, the following information:

• the essential characteristics of the Product
• the price of the Product
• if applicable, all the necessary additional shipping, delivery or postage fees and all other eventual expected fees
• in the absence of immediate enforcement of the contract, the date or delay at which the Seller commits to deliver the goods, whatever the price(except in the case of pre-orders where an approximate product availability date is provided for informational purposes))
• the information relative to the identity of the Seller, to its postal coordinates, telephone number and electronic address, of its activities, those relative to the legal warranty, functionality of the digital content, and, if applicable, its interoperability, the existence and implementation of warranties and other contractual conditions.

ARTICLE 3 : INFORMATION ON THE ARTICLES

The Products whose purchase is governed by the present terms and conditions are those which figure on the Website and which are indicated as sold and shipped by the Seller. They are offered within the limit of available stock.

The Products are described and presented with the most accuracy as possible. The products descriptions are provided for informational purposes on the Website and may vary slightly. The buyer is invited to take note of the technical characteristics of the Products before proceeding to order.

Despite the great care MAISON BOANTON takes to present its articles on the Website, MAISON BOANTON cannot guarantee that the actual appearance perfectly matches what appears on the screen. In particular, colours may vary due to the technical specifications of how a specific device renders colour. MAISON BOANTON cannot be held liable for non-substantive errors that may occur. The photographs reproducing the Products are not contractual.

ARTICLE 4 : PERSONALISING PRODUCTS

Customers may be offered a personalisation service on select Products. If a Customer wishes to have a Product personalised, he must provide the requested information.

MAISON BOANTON reserves the right to refuse any personalisation order that contains language which is inappropriate, illegal or disparaging to MAISON BOANTON's brand image. The Buyer is responsible for ensuring the accuracy of any information it provides for this purpose. The Buyer releases MAISON BOANTON from any liability if this information is inaccurate.

Orders for personalised Products are not eligible for cancellation and personalised Products cannot be exchanged or refunded.

ARTICLE 5 : ORDERING PROCEDURES

5.1 Order process

The buyer places his order on the Website, from the online catalog and by the means of the form included, within the limit of available stock. In the hypothesis where, subsequently to the validation of the order, the Products should become unavailable, the Seller will inform the buyer of this unavailability and the delay under which the Products would be available. The buyer who does not wish to wait for it to become available or in the case of definitive unavailability of the Product, will have the possibility to modify or cancel his order and, if applicable, to ask for the refund of the amount collected, and this during the fourteen (14) day period following the date of cancellation of the order, in accordance with the article L216-3 of the Code de la consommation.

All orders constitutes acceptance of the price and descriptions of the Product available for sale. All disputes on this point intervene in the frame of an eventual exchange and the warranties mentioned hereafter.

In certain cases, notably default of payment, incorrect address or other problem on the account of the buyer, the Seller reserves itself the right to retain the order of the buyer until resolution of the problem.

For all orders delivered outside the European Union, the Seller is not responsible for the payment of duties and taxes at the reception of the product, the buyer having to take care himself of the payment of these taxes and duties.

5.2 Validation of the order

During the order process, once the Products selected, the buyer’s identification data entered and the shipping method selected, the buyer: :

• validate his order
• then is directed to a page summarizing the entirety of the elements of his order giving him the possibility: to verify the detail of his order and total amount cto correct entry errors, and, if applicableto proceed to the payment and definitively validate his order and the terms and conditions of sale.

It is at the end of this procedure, which is worth electronic signature, that the order of the buyer will be considered valid and definitive.

In the case of an order placed through the means of a fraudulent credit card, the buyer is invited, as soon as this use is noted, to contact the Seller at the following email address: support@boanton.com.

5.3 Confirmation of order

Once the order is validated, a confirmation email summarizing the entirety of the order (Product, price, means of delivery) is sent to the buyer, who is invited to keep it in his records.

The buyer has the possibility to modify his order by getting in touch with the Seller via the contact form (https://www.maisonboanton.com/en/pages/nous-contacter) or by email at support@boanton.com.

ARTICLE 6 : PROOF OF THE TRANSACTION

The computerized records, conserved in the Seller’s IT systems in reasonable security conditions, will be considered as proof of the communications, orders and payments intervened between parties. The archival of order forms and invoices is done on a reliable and sustainable support that can be generated as proof.

ARTICLE 7 : RIGHT OF WITHDRAWAL

In accordance with article L.221-18 of the Code de la consommation, the buyer has a fourteen (14) calendar day delay starting from the date of receipt of the Product to exercise his right of withdrawal, without having to prove any motive.

The buyer has to inform the Seller of his intention to exercise his right of withdrawal by sending an email at the following email address: support@boanton.com. Once the request is sent and after being accepted by the Seller, the buyer will receive all the instructions necessary to return his order. The unused Product will be returned to the Seller in the original packaging, in perfect state and accompanied by all its accessories and leaflets, if applicable. All Product, damaged, incomplete or unable to be sold or used afterwards will be neither refunded, nor exchanged.

The Seller will proceed to the refund of the price of the Product subject to the withdrawal in the 14 days following the withdrawal or at reception of the Product if it intervenes after this delay.

ARTICLE 8 : FINANCIAL TERMS

8.1 Price

The prices applicable are those indicated at the date of order. They are indicated in Euros and without shipping fees. All change of VAT rate applicable will be automatically taken into account and included in the price of the Products. If one or many taxes and contributions, notable environmental, should be created or modified, increasing or decreasing, that change will be included in the price of sale of the Products.

Prices are firm and non negotiable.

The Seller reserves the right to modify his prices at any moment.

8.2 Means of payment

The price of the Products is paid cash, at the moment of validation of the order.

To pay his order, the buyer disposes, at his discretion, of the entirety of the means of payment at his disposal by the Seller and listed on the Seller’s website.

• Paypal
• credit card, payment in one installment
• credit card, payment in several installments :

From 100 Euros and up to 2.000 Euros of purchase, a payment in 2 or 3 installments without fees is offered to the buyer.

If he selects this option, the buyer is redirected towards the web page of Klarna on which:

• he will be informed of the entirety of the conditions applicable to this means of payment and of the amount of the payment installment
• he will fill in his identification data necessary to the processing of his application and enter his credit card number.

The payments will be carried out in accordance with the conditions defined by Klarna which the buyer is invited to read attentively before approval.

In case of cancellation of an order, the installments already collected will be refunded.

It is reminded to the buyer that a credit is binding and must be repaid, the buyer being invited to check his ability to repay before committing himself.

The buyer guarantees to the Seller that he disposes of the necessary authorizations eventually necessary to use the means of payment chosen during validation of the order.

The Seller reserves the right to suspend all management of order and delivery in case of refusal to authorize payment by credit card by officially accredited organizations or in case of non-payment. The Seller notably reserves the right to refuse to proceed with a delivery or to honor an order coming from a buyer which would not have paid entirely or partially a previous order or with whom a payment dispute is being administered.

ARTICLE 9 : DELIVERY

9.1 Delay of delivery

Except in case of force majeure or during periods during which the online shop is closed, which will be clearly announced on the Brand Website's homepage or its social media accounts, the shipping delays will be, in the limit of available stock, those indicated below. The shipping delays run from the date of registration of the order indicated on the confirmation of order email.

For deliveries in Metropolitan France and in Corsica, the delay is between 3 and 5 days counting from the following day after the buyer has placed his order, according to the following modalities: DHL or Fedex. At latest, the delay will be 30 business days after conclusion of the contract, except in case of preorder when this delay can be lengthened depending on the availability of the product. 

For deliveries in French Overseas Departments and Territories or other countries, modalities of delivery are the same. Deliveries are not available in Russia, Ukraine and Pakistan.

In case of non-respect of agreed date or shipping delays, the buyer will, before breaking contract, enjoin the Seller to execute it in a reasonable additional delay.

In the absence of performance at the end of this new period, the buyer may freely break the contract.

The buyer will have to accomplish these successive formalities by registered mail with acknowledgement of receipt or in writing on another reliable medium. The contract shall be deemed to be terminated by the Seller upon receipt of the letter or writing informing him of such termination, unless the company has performed in the meantime. The buyer may, however, terminate the contract immediately, if the dates or time limits referred to above constitute an essential condition of the contract for him.

In this case, when the contract is terminated, the Seller is obliged to reimburse the buyer for the totality of the sums paid, at the latest within 14 days of the date on which the contract was terminated.

9.2 Shipping modalities 

The delivery is understood to be the transfer of physical property or control over the goods to the consumer. The products ordered are delivered following the modalities and delays precised below.

The products are delivered to the address indicated by the buyer on the order form, of which the buyer should be wary of the exactitude. Any package sent back to the Seller because of an erroneous or incomplete address will be shipped again, the buyer bearing the cost. If the buyer is absent on the day of delivery, the delivery agent will leave a notice of passage in the mailbox, which will allow to pick up the package at a time and place indicated. 

If at the moment of delivery, the original packaging is damaged, ripped, opened, the buyer will have to check the state of the articles. If they have been damaged, the buyer should imperatively refuse the package and note it on the delivery slip (package refused because opened or damaged). 

The buyer should indicate on the delivery slip and in handwritten form accompanied by his signature any anomaly concerning the delivery (delivery, missing product featuring on the delivery form, damaged package, broken product…). This verification is considered as done as soon as the buyer, or a person authorized by the buyer has signed the delivery slip.

The buyer will then have to confirm by registered mail these notices to the shipper at latest two business days after having received the articles and transmitted a copy of this letter by email or mail to the Seller at the address indicated in the terms and conditions of this website. If the products need to be sent back to the Seller, they have to be the object of a return request with the Seller in the 14 days following the delivery. All requests formulated outside of this time period will not be accepted. The return of the product can only be accepted for products in their original condition (packaging, accessories, leaflet …).

9.3 Delivery mistakes

The buyer will have to formulate with the Seller on the day of delivery or at latest the first business day following the delivery any reclamation regarding a delivery mistake and/or non-conformity of the products in terms of nature or quality compared to the information on the order form. All requests formulated after this delay will be rejected.

The request may be placed by email at:support@boanton.com.

Any claim not following the rules and deadlines defined above will not be taken into account and will clear the Seller of any responsibility towards the buyer.

At the reception of the claim, the Seller will attribute a claim number for the product(s) concerned and will communicate it via email to the buyer. The exchange of a product can only take place after the attribution of an claim number.

In the event of any mistake in delivery or exchange, any product to exchange or to refund will have to be returned to the Seller in its entirety and in its original packaging, by DHL or Fedex, to the following address: 10 B rue de la Salle, Saint-Germain-en-Laye - France.

The return fees are at the discretion of the Seller.

ARTICLE 10 : WARRANTY OF PRODUCTS, CONFORMITY AND HIDDEN DEFECTS

10.1 Legal warranty

The Seller is warrant of the conformity of the goods to the contract, allowing the buyer to formulate a request under the legal warranty of conformity provided in articles L. 217-4 and following in the Code de la consommation or of the warranty regarding the hidden defects of the object sold in the articles 1641 and following of the Code civil.

In case of implementation of the legal guarantee of warranty, it is reminded that:

• the buyer benefits from a 2 year delay starting from the delivery of the goods to act;
• the buyer can choose between the repair and the replacement of goods, under reserve of the conditions of cost provided in the article L. 217-17 of the Code de la consommation;
• the buyer does not need to bring a proof of non-conformity of the goods during the 24 months in case of new goods, following the delivery of the goods. 

Furthermore, it is reminded that :

• the legal warranty of conformity applies itself independently of the commercial warranty mentioned here below;
• the buyer can decide to apply the warranty agains hidden defects of the object sold in the sense of article 1641 of the Code civil. Following this hypothesis, he can choose between termination of the sale or a reduction in price, in conformity with article 1644 of the code civil.

10.2 Commercial warranty

The warranty of the Seller is valid for a 2 year duration starting from the date of order.

10.2.1 Watches

The commercial warranty covers all manufacturing defects appearing during normal use, as described in the following conditions.

The Seller replaces free of charge all defective components resulting from a manufacturing mistake observed by the Seller.

Warning, the warranty is not applicable in the following cases:

• theft, loss.
• wear and tear and normal aging of the watch (scratched crystal, impacts on the case…)
• all kinds of damage on the whole watch (or a part) resulting from improper handling, misuse, lack of maintenance, negligence, accident (falling, scratching, crushing, cracked crystal, etc.), of incorrect use or non-respect of the instruction manual provided by the Seller.
• all types of damages indirectly linked or following the normal use of the watch, such as non-functioning, defects or imprecisions of theMAISON BOANTON watch.

10.2.2 Bracelets and accessories

Regarding the bracelets and accessories, the commercial warranty covers all manufacturing defects appearing during normal use, as described in the following conditions.

The Seller replaces free of charge a defective product resulting from a manufacturing mistake, observed by the Seller (esthetic defect, stitching, damaged leather, scratched buckle…)

Warning, the warranty is not applicable in the following cases:

• theft, loss.
• wear and tear and normal aging of the product (fading of the leather, etc.).
• all kinds of damage resulting from improper handling, misuse, negligence, accident (scratching…), or incorrect use of the article.

10.2.3 Repair and maintenance

For maintenance and repair of MAISON BOANTON products, the buyer is invited to use the services of a professional watchmaker capable of performing these services in the rules of art. Otherwise, the buyer is informed that the warranty will no longer apply.

ARTICLE 11 : LANGUAGE 

The Website and the General Terms of Sale are available in two languages: French and English. However, if a discrepancy arises between the versions, the French version takes precedent. Only the French version of the General Terms of Sale is valid among the Parties.

ARTICLE 12 : LEGAL DISPUTES AND ENFORCEABLE LAW

These General Terms of Sale are written and interpreted in compliance with French law. If there is any opposition as to their application and/or interpretation, the buyer may opt to refer the matter for binding mediation proceedings or any other alternative conflict resolution procedure. Any what is known as ‘consumer’ conflict or dispute may be settled amicably by mediation before the CMAP (Mediation and Arbitration Center of Paris). To refer a matter to a mediator, Customers may (i) complete the form on the CMAP website: https://www.cmap.fr/?lang=en (English version) in the section “A Consumer” (ii) post an unregistered or registered letter to CMAP Médiation Consommation, 39 avenue Franklin D. Roosevelt, 75008 PARIS, or (iii) send an email to consommation@cmap.fr. For all methods of contacting CMAP, timely processing requires that the buyer’s request contains the following information: postal address, email address and telephone number, MAISON BOANTON’s full name and address, a brief outline of the events, and proof that the matter has already been addressed to MAISON BOANTON.

It is entirely up to the buyer whether to agree to or refuse mediation proceedings and, if mediation is chosen as a remedy, both parties are free to agree to or refuse the mediator's decision.

If an amicable solution cannot be found or mediation proceedings are not chosen, any disputes that may arise as to the General Terms of Sale shall be referred to the competent courts under the conditions of common law.

The failure of one Party to take action against the other Party for breach of any of its obligations cited in these General Terms of Sale shall not be construed as a waiver of that obligation in the future.