DEFINITIONS
“Store” means one or more store(s) in one or more City(ies) where the Watch Certificate is offered for sale by Tradee via a Professional Watchmaker.
“Independent Expert” means an approved Tradee partner whose profession is the expertise of watch parts, and whose mission is to confirm the points of authenticity of the Watch based on Tradee’s requirements and verifications carried out by the Professional Watchmaker during the Meeting.
“Legislation Applicable to the Protection of Personal Data” Refers to all French and European legislative and regulatory provisions relating to the protection of personal data, including the provisions of the Data Protection Act n°78-17 of January 6, 1978 amended (“LIL”) and any legislation in force which implements Directives 95/46/EC and 2002/58/EC or the General Data Protection Regulation n°2016/679/EU of April 27 2016 of the European Parliament and the Council of the European Union (“GDPR”).
“Professional Watchmaker” means an approved partner of Tradee whose business is the sale or maintenance of watch parts, being authorized by Tradee to issue or sell the Watch Certificate to the Buyer in its Boutique(s).
“Watches” means the timepiece belonging to the Buyer, for which a Watch Certificate is issued by Tradee.
“Profile” means the profile of the Buyer on which the Watch Certificate information for their Watch is stored as well as their contact details.
“Appointment” refers to the meeting in the Boutique between the Professional Watchmaker and the Buyer, intended to carry out a personal check of the authenticity of the Watch (using photographs and 40 inspection points). authenticity as determined by Tradee).
“City” designates the city in which the Buyer can make an Appointment with a Professional Watchmaker in Boutique and the list of which is available on the Watch Certificate Platform at the following URL:
https://www.chronofy.co.uk
“Watch Certificate” Designates the first digital certificate encrypted using blockchain technology, offered by Tradee on the Watch Certificate Platform to its Buyers, and composed of high-definition photographs of the Watch to be certified and 40 control points allowing certification of its authenticity, being controlled by a Professional Watchmaker, and validated by an Independent Expert. The Watch Certificate is materialized by a metal card, equipped with a QR code which allows access to all the Watch’s authentication information via a smartphone at any time.
SCOPE OF APPLICATION OF THE CGV
The General Terms and Conditions govern the sale of the Tradee Watch Certificate to Buyers who are consumers or non-professionals and constitute, with the online order the invoice for the Watch Certificate, the contractual documents enforceable against the Parties, the exclusion of all other documents, prospectuses, or catalogues which have only indicative value.
Buyers who are professionals are required to respect the contractual conditions applicable to holders of a “Professional Account”.
The online sales offers presented on the Watch Certificate Platform and these related General Terms and Conditions are reserved for Buyers residing in France and/or in a member country of the European Union and for deliveries in these same geographical areas.
The General Terms and Conditions are drawn up as well as all the contractual information mentioned on the Watch Certificate Platform in French.
AVAILABILITY AND ENFORCEABILITY OF THE CGV
The General Terms and Conditions are made available to the Buyer on the Chronofy LTD Platform where they can be directly consulted. The General Terms and Conditions are enforceable against the Buyer who acknowledges, by checking a box provided for this purpose during an online sale, having been aware of them and having accepted them before placing an order.
Validation of the order by its confirmation constitutes acceptance by the Buyer of the General Terms and Conditions in force on the day of the order, including conservation and reproduction are ensured by Tradee in accordance with article 1127-2 of the civil code (former C. civ., art. 1369-4).
TERMS OF SALE FOR THE WATCH CERTIFICATE
Prerequisites – fight against counterfeiting
To combat fraudulent transactions and the circulation of counterfeit Watches on the second-hand watch market, the Buyer undertakes to provide Tradee or, where applicable, the Professional Watchmaker, with the following information prior to any Watch Certificate purchase:
Their first and last name(s) Their email Valid proof of identity (identity card/passport) Their valid bank details to make payment.
This information is collected by Tradee or directly by the Professional Watchmaker (in the context of Boutique sales) in strict compliance with the Legislation Applicable to the Protection of Personal Data and is necessary for the activation by Tradee of the Watch Certificate of the ‘Buyer.
This information, except for the Buyer’s bank details to which Tradee never has access, is entered by Tradee or directly by the Professional Watchmaker (in the context of Boutique sales) on the Profile of the associated Buyer to the Watch Certificate.
To obtain a Watch Certificate for a Watch, the Buyer must own it and/or have the right, where applicable, to sell it.
The Buyer’s possession of his Watch and/or the Watch Certificate must in no way violate the rights of a third party, must respect intellectual property rights, and must not violate any applicable local, national, or international law or regulation.
ORDER CONFIRMATION
Before clicking on the “Confirm order” button, the Buyer has the possibility to check the details of his order and its total price and to return to previous pages to correct any errors or possibly modify his order.
The Buyer can then acquire the Watch Certificate for its Price, by finalizing their order by following the steps of the Watch Certificate secure payment service as described below.
Confirmation of the order is subject to prior acceptance by the Buyer of these General Terms and Conditions by means of a check box. Acceptance of the General Terms and Conditions and validation of the order form the contract.
An email acknowledging receipt of the order and payment is sent by Tradee to the Buyer as soon as possible (the “Order Confirmation”).
EDITING THE ORDER
Any order modification by the Buyer after receipt of the Order Confirmation is subject to acceptance by Tradee.
CONFIRMATION OF THE ORDER
Tradee reserves the right to refuse any order for legitimate reasons and more particularly if the quantities of products ordered are abnormally high for buyers who are consumers or non-professionals.
VERIFICATION BY AN INDEPENDENT EXPERT
Within a maximum period of five (5) working days after the Meeting, an Independent Expert approved by Tradee will carry out a remote check of the information provided by the Professional Watchmaker on the Buyer’s Watch Certificate Profile where the information on the Watch is listed.
If this information complies with the conditions of Tradee’s authenticity check, the Independent Expert will validate it.
ACTIVATION OF THE WATCH CERTIFICATE
Within a maximum period of two (2) working days following validation of the authenticity information of the Watch by the Independent Expert, Tradee will inform the Buyer by email (according to the contact details previously indicated by the Buyer) of the activation of the Watch Certificate corresponding to the Watch.
COMPLIANCE OF THE WATCH CERTIFICATE
If the Watch Certificate is not activated by Tradee in accordance with the provisions above, the Buyer may send a complaint to Tradee, detailing any non-conformities observed.
In the event of proven non-compliance, Tradee undertakes to reissue a Watch Certificate to the Buyer as soon as possible.
RIGHT TO RETRACT
In application of articles L 221-18 et seq. of the Consumer Code, the Buyer has a period of fourteen (14) clear days to withdraw without reason.
The withdrawal period expires fourteen (14) days after the day of receipt by the Buyer of the Order Confirmation, in accordance with the provisions of clause IVb.i hereof.
EXCEPTION
If the date of the Meeting is fixed between the Buyer and the Professional Watchmaker within a period of less than fourteen days after receipt by the Buyer of the Order Confirmation, the Buyer acknowledges and accepts that his presence at the Meeting results in execution of the service by Tradee and its partners, and expiration of the withdrawal period on the day of the Meeting.
EXERCISE OF THE RIGHT OF WITHDRAWAL
The Buyer may exercise his right of withdrawal by sending Tradee the following information:
Their surname, first name(s), postal address and/or email address Their decision to withdraw from this contract by means of an unambiguous declaration (for example, letter sent by post or email).
The Buyer will have the freedom to use the model withdrawal form provided by Tradee at the bottom of this page, however use of it is not obligatory.
To ensure that the withdrawal period is respected, the Buyer undertakes to send his communication relating to the exercise of the right of withdrawal before the expiration of the withdrawal period indicated in clauses above.
EFFECTS OF WITHDRAWAL
Upon receipt of the Buyer’s withdrawal request, if it complies with the provisions hereof, Tradee undertakes to reimburse the Price of the Watch Certificate Paid by the Buyer without undue delay and, in any event, no later than fourteen days from the day Tradee receives the withdrawal request.
Tradee will make the reimbursement using the same means of payment as that which the Buyer used for the initial transaction unless the Parties expressly agree on a different means.
PRICE AND PAYMENT
The sales prices, in accordance with article L. 112-1 of the Consumer Code, are indicated in euros, all taxes included (TTC).
The method of calculating the price of the Watch Certificate varies depending on the value of the Watch on the market at the time of sale, i.e.:
• For a Watch whose market value is less than £4,400, the price of the Watch Certificate is £119.
• For a Watch whose market value is between £4,400 AND £13,000, the price of the Watch Certificate is £239.
• For a Watch whose market value is between £13,000 and £44,000, the price of the Watch Certificate is £389.
• For a Watch whose market value is greater than £44,000, the price of the Watch Certificate must be defined on a case-by-case basis, please consult us.
The total amount owed by the Buyer is indicated on the order confirmation page for any online purchase, or on the Watch Certificate purchase invoice for any sale in the Boutique.
The selling price of the Watch Certificate is that in effect on the day of purchase. In the event of a price promotion, Tradee undertakes to apply the promotional price to any online order placed during the period of advertising for the promotion.
PROCESSING OF PERSONAL DATA
For any questions or requests relating to the processing that we do, as part of the provision of the Watch Certificate, of your personal data, we kindly ask you to refer to our Confidentiality Policy which we make available to you at the URL https://www.watchcertificate.com/legal/privacy-policy.
INTELLECTUAL PROPERTY
Verbal and visual trademarks (logos), as well as all visual content accessible on the Watch Certificate Platform are protected by the legislation relating to intellectual property currently in force in France, and this for the entire world. Tradee owns all rights relating thereto.
As such and in accordance with the provisions of the Intellectual Property Code, the use of any element of intellectual property belonging to Tradee is only permitted on a private basis.
Consequently, the Buyer cannot represent, reproduce, modify, or more generally, exploit all or part of the verbal and visual marks (logos), as well as all the visual content accessible on the Watch Certificate Platform without express and prior authorization. from Tradee.
Any unauthorized use of verbal and visual marks (logos), as well as all visual content accessible on the Watch Certificate Platform, constitutes acts of infringement of copyright and/or distinctive sign law and incurs liability. criminal and civil of the Buyer on the basis of the infringement of copyright and/or rights of distinctive signs.
GUARANTEES
Tradee undertakes to make all necessary efforts to make the Watch Certificate Platform available 24 hours a day, 7 days a week, regardless of scheduled maintenance operations, subject to the provisions of this article.
Access to the Watch Certificate Platform is provided on an “as is” basis and is accessible based on availability.
GENERAL
Tradee provides no express or implied warranty, including and without limitation, warranties relating to the compatibility of the Watch Certificate for a specific use, and to the misuse of the Watch Certificate by its Buyers.
LIMITATION OF LIABILITY
Tradee cannot be held liable in the event of non-performance or poor performance of this Contract due either to the Buyer’s actions, or to the insurmountable and unforeseeable act of a third party to the contract, or to force majeure, and in any event Tradee cannot be held responsible in the event of:
Damage of any kind, direct or indirect, resulting from the use or inability of a Buyer to use the Watch Certificate:
Any operating loss, financial or commercial loss, loss of programs and/or data in particular in a Buyer’s information system following use of the Watch Certificate Platform; In the event of damage of any nature, direct or indirect, resulting from the content or the inability to temporarily access the Watch Certificate Platform, linked to technical maintenance operations or updating of published information; In the event of an attack viral; In the event of abnormal use or illicit exploitation of the Watch Certificate.
The Buyer is then solely responsible for damage caused to third parties and the consequences of claims or actions that could result; In the event of incompatibility between the Buyer’s terminal and the Watch Certificate Platform, which would prevent the installation or use of the Watch Certificate Platform.
CURRENT VERSION AND MODIFICATIONS
The applicable General Terms and Conditions are those whose current version is accessible online on the Watch Certificate Platform on the Date of the Buyer’s online order, or those communicated by the Professional Watchmaker on the date of sale in the Watch Boutique Certificate.
Tradee reserves the right, at its sole discretion, to revise these General Terms and Conditions at any time and without notice, and in particular:
By adapting them to legislative provisions or regulations in force or in the process of adoption. By adapting them to any decision rendered by a court, a consumer agency or by any other competent authority. By rectifying any error (for example, spelling or other types of errors of errors not modifying in any way the meaning of existing sentences) so far undetected.
In such a case, the date of the update will be clearly identified at the top of these General Terms and Conditions. These modifications bind the Buyer as soon as they are put online.
APPLICABLE LAW – MEDIATION – DISPUTES
These General Conditions of Sale are entirely subject to French law.
In the event of a complaint or dispute with Tradee, we invite you to contact Tradee customer service as a priority at +331 75 85 01 21 from Monday to Friday (except public holidays), from 10 a.m. to 6 p.m., or by mail. electronically to contact@tradee.com or by post addressed to Tradee at 10 rue de Penthièvre, 75008 PARIS.
In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, in the event of failure of the complaint request to our customer service, or in the absence of a response from us within two months, you have the right to submit your dispute relating to the order form or these General Terms and Conditions to the Consumer Disputes Mediator who will attempt, with complete independence and impartiality, to bring us together with a view to reaching an amicable solution.
Before contacting a Consumer Dispute Mediator, you must have sent a written complaint to Tradee (and therefore keep written proof of the steps taken).
Furthermore, contacting a mediator is only possible within a maximum period of one (1) year from the date of your written complaint to Tradee.
In the absence of an amicable agreement or in the event of refusal to resort to the mediator and/or refusal of the solution proposed by the mediator, any dispute that cannot be resolved will fall under the exclusive jurisdiction of the French courts of the place of domicile of the mediator. ‘Buyer, in the absence of an amicable agreement between the Buyer and Tradee.
STOLEN WATCHES
To establish non-theft certificates, Tradee uses The Watch Register (Terms & Conditions of Search link)
In the event of theft, Tradee uses The Watch Register to carry out recovery procedures, in this context fees may apply (Terms & Conditions of Register link)
CONTACT US
For any questions about your online order or any request for information, or in the event of a problem, we invite you to contact us:
By telephone at +447856728183
By email to info@chronofy.co.uk