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TERMS & CONDITIONS

The following terms and conditions are intended to define the legal framework that will apply to the relationship between MAIER and any person visiting or making a purchase on the en.maier.fr website.

ARTICLE 1: PREAMBLE

Maier is a certified distributor of the biggest brands in high watchmaking and high jewellery. In a bid to better serve its customers beyond its physical stores and continually provide a first-class service, Maier has decided to sell a limited selection of products from specific brands online. The list of products and brands available to buy online can be found on the website www.maier.fr. The brands who did not agree for their to be sold online are displayed for presentation and promotional purposes only. The system put in place, which implies active participation from the customer, is fully compliant with the required norms for distance selling, notably articles L. 111-1, L.113-3 and L. 121-16 et seq. of the French consumer code. The distance selling process described in these general terms of sales is intended to be used exclusively by consumers, acting solely on their own behalf and residing in Metropolitan France (including Corsica).

ARTICLE 2: DEFINITIONS

For the performance and interpretation of the contract, the following terms in the contract, whose first letter is in capitals, both in the singular and plural form, are defined as such: Customer or Consumer or Owner: refers to any natural person, of at least eighteen (18) years of age, wanting to acquire Products or create a Wish list on the Site and acting for purposes that are not within the scope of their trade, business or profession. Order: refers to any purchase of a Product on the Site, whether the Customer creates an Account or not. Account: refers to the Customer’s private area accessible using their Login details and created with a view to completing an Order. Contract: refers to these general terms of sale and appendix 1. Delivery time: refers to the time period between confirmation of the Order by the Customer and Delivery of the Product to the Customer. Withdrawal period: refers to the time period during which the Customer can withdraw their Order by sending the Withdrawal form to Maier. Donor: refers to the person or persons who contribute to the Wish list by making donations. Personal data: refers to the information provided by the Customer when placing an Order (name, postal address, telephone number, email address) and/or when creating an Account, including personal data as defined by law no. 78-17 of 6th January 1978 and that are sent, stored or processed through the Site. Withdrawal form: refers to the form constituting appendix 1 of this contract that must completed by the Customer and returned to Maier in the event of withdrawing an Order that has been placed. Login details: refers to the login name and password chosen by the Customer when creating an account on the Site to place an Order. Delivery: refers to the day that the Customer takes physical possession of the Product. Wish list: refers to the List made by the Owner when creating the ‘wish list’ account. MAIER: refers to Lauramar, the company whose trading name is Maier: Registered with the Trade and Companies Register of Lyon with the number 317 305 761. Head office: 91 Rue Edouard Herriot, 69002 Lyon, France. VAT No.: FR 353 1730 5761. Phone: +33 (0) 9 70 80 93 80 - Fax: 04 78 42 31 69 Party (Parties): refers individually to Maier or the Customer or both collectively. Product: refers to any product for which an Order can be placed and/or can be added to a Wish list. Notwithstanding the care paid to Product images, the Customer must refer to the description of the products for detailed information on their characteristics. Territory: refers to Metropolitan France and Corsica.

ARTICLE 3: PURPOSE

The purpose of the Contract is to stipulate the conditions under which a Customer can purchase Products and create a Wish list on the Site, and the applicable jurisdiction for any completed Order due for Delivery within the Territory.

ARTICLE 4: DURATION - EFFECTIVE DATE

The Contract enters into effect at the time of the Order and continues to be so for the duration of the obligations stipulated in the Contract and the time it takes for Maier to supply the Product.

ARTICLE 5: INFORMATION RELATING TO PRODUCTS

Information concerning the various brands’ Products available for sale online as well as their references are available within the Maier Horloger and Maier Joaillier stores in Lyon, as well as on the Site.

ARTICLE 6: ORDER
6.1 GENERAL PROVISIONS

Orders will be placed online using the Site. The Customer can choose to create an Account or opt for an express Order. Regardless of the option is chosen, the Customer is hereby informed that they must provide Personal data, some compulsory and some optional. Some information requested is compulsory and is marked by an asterisk. If the Customer chooses to not provide this information, Maier will be unable to process their Order. In no event will Maier collect the email address of visitors without them explicitly providing this information. Orders will take place in French.

6.2 LOGGING INTO THE SITE

The Customer acknowledges that the costs of accessing and using the Site are at their expense. The Customer acknowledges that the different capacities of various networks and subnetworks, as well as the number of simultaneous logins, may slow down the time it takes to send and receive data. Maier offers no guarantees that its Site will be continuously operational and therefore cannot be held responsible for any unavailability or dysfunction of its online services, especially in the event of breakdown, maintenance or updates. Maier offers no guarantees that its online service will work on all browsers, on all IT devices and for all software setups. Maier cannot be held responsible for any material and non-material damage suffered by users, their IT devices and the data stored on them; or for any direct or indirect consequences that may arise, notably with regard to their personal, professional or commercial dealings; as well as harm of any nature (personal, physical, material, financial or other) that occurred when using the Site. In no event can Maier be sought liable if the Site must be made unavailable for any reason. In the event of prolonged inactivity when using the Site, any Products chosen previously may no longer be available. The Customer will be asked to restart the Order process from the beginning.

6.3 CREATING AN ACCOUNT

An account is created when the Customer registers online by clicking on “My Order” > “Log in”, available at the following address https://en.maier.fr/montres-prestige/creation-compte-login/panier with a view to completing an Order. For the purposes of their registration, the Customer undertakes to provide correct information and an email address to which all information from Maier can be sent. Once registration is complete and the information provided is checked and confirmed by the Customer during the account creation process, the Customer will shortly after receive email confirmation that the account has been created at the email address provided during the registration. Subsequently, the Customer will be able to log in to their account using their Login details and place their order. In the event the Login details are lost, the Customer can contact Maier via the “My Account” page and follow the applicable identity check procedure in order to log back into their Account.

6.4 ORDER PROCESS

All the steps necessary for completing the Order will be explained on the Site during the Order process and each must be explicitly confirmed by the Customer. If the Customer fails to confirm one of the steps, they will not be able to complete their Order. The Order process will include the following steps:

1. Choosing the Product: the Customer will choose the Product that they want to order on the Site and confirm their choice by adding it to their basket.
3. Creating an Account or express Order: the Customer must provide all the Data necessary to complete their Order, either by creating an account or placing an express Order.
4. Accepting the Contract: after choosing their Product, the Customer will read and accept the written Contract in its entirety.
5. Delivery and payment method: the Customer will next enter the delivery address, delivery method and will be informed of the Time and cost to deliver the Product. The Customer will also be informed of the payment methods available and choose their preferred one.
6. Basket: the basket will include the characteristics of the Product, its price, the Delivery time and cost, the Withdrawal period and conditions and the chosen payment method. The Customer must check the details of their Order and can modify or correct the contents of their basket.
7. Definitive confirmation of the Order: after confirming the contents of their basket, the Customer will confirm their Order and their obligation to pay by clicking on the relevant button, marked “Order with obligation to pay”.
8. Payment: the Customer will then pay for their Order using the chosen payment method.
9. Order confirmation email: when the Customer has paid for their Order, they will receive an Order confirmation email sent to the email address that they provided in step 2.

6.5 PAYMENT

The Customer can pay for their Order by the following means. If, for whatever reason (e.g. blocked, rejected by issuer), the amount due by the Customer cannot be debited, the Order will be cancelled. Maier cannot be held responsible for cancelling or refusing an order if it would appear that the bank details provided for the Order will not allow the payment to be completed.

6.5.1 PAYMENT BY CREDIT OR DEBIT CARD

The order can be paid for by credit or debit card. The following cards are accepted for payment: cards from the ‘CB’ network, Visa, Eurocard/Mastercard, American Express issued for accounts domiciled in Metropolitan France (including Corsica). The Customer’s card will be debited when the Customer places the order. For this, the Customer affirms that they are the cardholder, that it is their name on the card and that they will provide all the card details requested in a secure online environment. In order to ensure the card information remains private and secure, checks will be made online with the relevant institutions and banking organisations via the Systempay payment platform. This payment platform will be responsible for storing and processing the information for each order, including card details, in a secure environment. Furthermore, information concerning Orders will be subject to automatic data processing. Not sending the order information will prevent the corresponding transaction from being processed and analysed. Any event of outstanding payment due to the fraudulent use of a card will lead to the information used for the unpaid order being recorded in a payment incident file implemented by the Systempay payment platform. Any incorrect declaration or anomaly may also be subject to special treatment.

6.5.2 PAYMENT USING PAYPAL

Orders may be also be paid using the payment site Paypal (credit/debit card, or Paypal account) or by bank transfer. For this, Maier uses Paypal’s secure payment service. Maier has no access to private information regarding the payment method as this is managed directly by the secure service. The Customer’s card is debited when the customer places the order.
The Paypal payment method can only be used for orders that will be sent to your home address. The delivery address entered when ordering must match the delivery address of the Paypal account used.

6.5.3 PAYMENT BY BANK TRANSFER

Orders may be paid for via bank transfer to Maier using the following account information: Bank: 16807 Sort code: 00400 Account No.: 00200502162 RIB key: 48 International Bank Account Number (IBAN): FR76 1680 7004 0000 2005 0216 248 Bank Identification Code (BIC): CCBPFRPPGRE Address: BPAURA Lyon Bellecour Account holder: SAS LAURAMAR 99 rue Président Edouard Herriot, 69002 Lyon, France

6.5.4 PAYMENT IN INSTALMENTS

A credit loan is a financial commitment and must be repaid. Please ensure you have the necessary resources to repay any loan you take out.

You have the possibility of requesting financing for the payment of your order. By clicking on the 'Sofinco' payment method, you will be redirected to the secure site of our partner SOFINCO, where you can fill in your credit application in just a few clicks and receive an immediate response in principle (subject to receipt of the required supporting documents). You apply for financing through our partner Sofinco. Your financing application is entered directly online. Your order will be processed once our partner Sofinco has validated your financing request.

6.5.5 PAYMENT IN 3 OR 4 INSTALMENTS BY CREDIT OR DEBIT CARD

Payment in several instalments is available via our partner Alma. The security of payments is ensured by Alma and its service providers. All payments are protected by 3D Secure.

Purchase amount

P3X: Only purchases between €100 and €5,000 are eligible for payment with Alma.
P4X: Only purchases between €100 and €5,000 are eligible for payment with Alma.

Fees

By paying in several instalments with Alma the Customer does not pay any fees. Alma is a tele-payment manager and issues an electronic certificate which will be considered as proof of the amount and date of the transaction in accordance with the provisions of articles 1316 and following of the civil code.

Termination

Any termination of the GTC between the Seller and the customer will result in the termination of the GCU between Alma and the customer.

ARTICLE 7: DEFINITIVE CONCLUSION OF THE ORDER
7.1 PRINCIPLES

The Order will be considered definitive after Maier sends the confirmation email to the Customer. Maier remains owner of the delivered Product until full payment of the principal price and other charges. Payment is complete upon effective receipt of the price. In event of full or partial non-payment, Maier can, without prior notification, claim back the Product that it has delivered to the Customer. The Order confirmation email will contain the following information and documents:

1. The chosen Product as well as its characteristics and price
2. The payment made and the corresponding invoice
3. The Delivery time for the Product and the delivery price
4. The Withdrawal period and conditions for the Order
5. The Contract including the withdrawal form

7.2 REFUSING ORDERS

The existence of a dispute between Maier and a Customer concerning the payment of a previous Order constitutes a legitimate cause within the meaning of article L 122-1 of the French consumer code, allowing Maier to refuse the confirmation and definitive conclusion of the Order. Fraudulent use of a third party’s identity or the Customer presenting themselves under a false identity also constitutes a legitimate cause within the meaning of article L 122-1.

7.3 PRICE

The prices displayed on the Site are in euros with all taxes included and include where necessary any applicable discounts from promotional deals. They do not include delivery and packaging fees specified during the Order process and summarised in the basket before definitive confirmation of the Order. The Product price and Delivery cost will be summarised in the Order confirmation email sent to the Customer after definitive confirmation of the Order and payment.

ARTICLE 8: EXECUTION OF THE ORDER
8.1 DELIVERY

The Products will be delivered to the address provided when the Order was placed. The Product will be delivered to the delivery address provided by the Customer when placing the Order. Maier will deliver the Product by either express or standard shipping. Maier bears responsibility for the loss or damage of the Product until its reception by the Customer. The Products will be sent using Maier’s current partner: DHL. For the expediter, this service ensures that the package is tracked and must be signed for upon delivery by the recipient. The Customer can track the delivery of their Order using the tracking number and service offered by DHL. The delivery time is indicated on the Order summary. In the event that Maier does not deliver the Product in the time indicated, the Customer can send Maier a registered letter with proof of receipt requesting the delivery be made within an extended period of 14 days from the date the letter is received. If Maier fails to complete the delivery within the extended period granted by the Customer, the Customer can cancel the Order by sending a registered letter with proof of receipt to Maier. The Order is considered as cancelled upon Maier receiving the letter provided that the delivery has not taken place between the sending and receipt of said letter. The Customer is not required to send a letter to Maier beforehand requesting the delivery within an extended deadline when the delivery time was an essential condition of the Order as defined in article L 138-2 of the French consumer code that the Customer will have shared with Maier during the Order process. Maier will consequently refund the Customer the entire amount paid within fourteen (14) days of the order being revoked. In the event that the amount paid is refunded late, the Customer can apply the penalties stipulated in article L 138-3 of the French consumer code. The amount will be refunded either by crediting the card used for the Order or by cheque sent to the billing address provided when placing the Order.

8.2 RIGHT OF WITHDRAWAL

Maier will inform the Customer of their right and conditions of withdrawal when placing the Order. The Order confirmation email will provide the Customer with the Contract and withdrawal form enabling them to exercise their rights. The Customer cannot exercise their right of withdrawal if they have ordered a bespoke product that is heavily customised. The Customer has fourteen (14) clear days to exercise their right of withdrawal from the moment the Product is delivered. If the Order requires the delivery of several Products, the withdrawal period afforded to the Customer begins when the final Delivery is made. Exercising the right of withdrawal is dependent upon the Customer sending the withdrawal form to Maier before the fourteen-day (14) period expires. The Customer can address the Form to Maier by registered mail with proof of receipt. When the request for withdrawal is sent via the website, Maier will send proof of receipt by email to the Customer to the email address provided by them. In the event of dispute regarding the date or the Customer’s right of withdrawal, it will be the Customer’s responsibility to provide the proof of their right. The Product must be returned by the Customer in its original packaging, at their expense and by registered mail or any other means that provides proof of delivery date, to the following address Maier, 91 Rue Edouard Herriot, 69002 Lyon, France. Products that have been damaged, spoiled or dirtied by the Customer cannot be returned. In the event of withdrawal, Maier will refund the Customer the entire amount paid, and the delivery costs, within fourteen (14) days of the right of withdrawal being exercised, it being specified that respecting this time period is dependent upon Maier effectively receiving the Product. Maier will not refund the delivery costs if the Customer chose a delivery method more expensive than the classic method. In the event that the amount paid and delivery costs are refunded late, the Customer can apply the penalties stipulated in article L 121-21-4 of the French consumer code. The amount will be refunded either by crediting the card used for the Order or by cheque sent to the billing address provided when placing the Order.

8.3 PRODUCT CONFORMITY

If the delivered Product is faulty, damaged or does not match the Order, Maier undertakes to either offer a refund or an exchange, according to the wishes of the Customer. Return shipping paid for by the customer will be refunded by Maier as soon as possible and within thirty days of receiving the product. The amount will be refunded either by crediting the card used for the Order or by cheque sent to the billing address provided when placing the Order.

8.4 PRODUCT QUALITY

The jewellery we sell has been selected with the utmost care. The master craftsman stamp identifies a jeweller’s work and shows a piece’s provenance. The Maier Joaillier stamp represents what Jean-Louis Maier holds most dearly: beautiful pieces, as illustrated by a Morgan, a prestigious vintage car.

8.5 PRODUCT EXCHANGES

Maier offers its Customers the possibility to exchange delivered items that have not been personalised or engraved under the conditions described below. The Customer can, at their discretion, within thirty (30) days of the Delivery date: - exchange the product by post. In this case, the Customer can contact Maier and upon agreement return the delivered Product, in its original and complete packaging (accessories, instructions, etc.) and along with the duly signed returns form and a copy of the invoice, to the following address: Maier, 91 Rue Edouard Herriot, 69002 Lyon, France. The Customer must return the Product by registered mail with proof of receipt, or by any other means that provides proof of delivery date. The cost of return shipping is at the expense of the Customer. Any new delivery can only occur upon Maier receiving the returned Product from the Customer. - Or exchange the delivered product in store, in its original and complete packaging (accessories, instructions, etc.) and along with a copy of the invoice. Whichever option is chosen, returned Products that are incomplete or have been damaged, spoiled or dirtied by the Customer cannot be exchanged. In the event of the Product being exchanged, the initial order will be cancelled. Payment of the new Order will be offset with the amount of the previous Order, given that any overpayment will either be returned to the Customer in the form of a credit note, or recredited to their credit or debit card or to their bank account providing that the Customer gets in contact with the Maier team. In the event of the Product being exchanged, the new Order will be subject to the Contract.

ARTICLE 9: SPECIFIC PROVISIONS FOR WISH LISTS ON THE SITE
9.1 OPENING THE WISH LIST

9.1.1 CREATING A “WISH LIST” ACCOUNT

Maier offers the possibility to open, on its Site and/or in its store, a “Wish List” account and create a Wish list. The Customer can create the “wish list” account in a Maier store. In this case, the Customer will be given the Contract that they must sign before creating the “wish list” account. The Customer can create a “wish list” account on the Site under the same conditions for creating an Account explained in clause 6.3 of this text. The Customer must expressly accept the Contract, found in its entirety on the Site, to finalise the creation of their account. If the Customer does not accept the Contract, they will be unable to finalise the creation of their “wish list” account. The Owner of this “Wish list” account certifies that the information supplied to Maier is correct and undertakes to provide immediate notification if any modifications need to be made.

9.1.2 MAKING THE WISH LIST

The Wish list can be viewed by Donors in store and/or on the Site. Products included in the Wish list are for information purposes only and do not bind neither Maier nor the Owner who remains free to buy any Product sold by Maier and available at the time of their purchase. The allocation of donations to these Products is purely informative and in no case binds Maier, nor the Donors nor the list Owner. The Products are not reserved upon donations being received from Donors. The Products’ price and availability will be those applicable on the day of purchase and effective collection by the Owner.

9.2 HOW THE WISH LIST WORKS

The Wish list can be viewed by Donors in store and/or on the Site. Products included in the Wish list are for information purposes only and do not bind neither Maier nor the Owner who remains free to buy any Product sold by Maier and available at the time of their purchase. The allocation of donations to these Products is purely informative and in no case binds Maier, nor the Donors nor the list Owner. The Products are not reserved upon donations being received from Donors. The Products’ price and availability will be those applicable on the day of purchase and effective collection by the Owner.

ARTICLE 10: COMPLYING WITH THE LAW

The Customer shall refrain from using the identity of a third party or present themselves under a false identity. The Customer must be over the legal age of majority, an habitual resident of the Territory, have the legal capacity to place an Order and possess a debit or credit card as defined in article 6.5 of this text. In the event that a Customer or any third party is made aware of the aforementioned provisions not being adhered to, they shall inform the Site’s administrators using the form available in the "Contact us" section.

ARTICLE 11: PERSONAL DATA
11.1 PROCESSING PERSONAL DATA

The terms “personal data”, “process/processing”, “data controller” and “processor” have the same meaning as that given by law no. 78-17 from 6th January 1978, by directive no. 95/46/CE from 24th October 1995, as well as any European regulation applicable to this effect, hereinafter named “the Regulation”. Maier has created an electronic database that compiles the personal Data of its Customers. When an Order is placed by a new Customer on the www.maier.fr Site, this database will be completed with their personal information, which will subsequently be used to better address their needs and provide better help. This data processing has been declared under the number 1398487. The Data collected when any Order is placed is stored confidentially and used for processing Orders, sending promotional deals and, if the Customer agreed, for sending information. In accordance with the Regulation, all Customers can obtain and if necessary rectify or delete their personal information by contacting Maier: • By email: contact@maier.fr • By post: Maier, 91 rue Edouard Herriot, 69002 Lyon, France. Customers can choose when creating or accessing their Accounts if they want to receive offers from Maier or be notified of special campaigns via email. The Customer can ask Maier to stop sending these offers at any time by clicking on the relevant link in the emails or by directly changing their account settings on the website www.maier.fr

11.2 COOKIES

The site does not use advertising cookies requiring prior notification and consent from the Customer. The only cookies used by Maier are cookies exclusively needed for using and delivering the Site, especially when creating the basket during the Order process and when Customers log into their Account using their Login details.

ARTICLE 12: WARRANTY

The Products sold on the Site comply with French law and are covered by the legal warranty of conformity in accordance with articles L 211-1 et seq. of the French consumer law.

ARTICLE 13: RESPONSIBILITY

Maier cannot be held responsible for any non-performance, shortfalls or delays in performing any of its obligations that are caused by an act of force majeure, as usually recognised by law, or any other act reasonably out of its control such as export bans resulting from a political decision, national or industry social movements, transport blockages of any nature, breakdowns, Site outages, bad weather, etc. Maier will notify the Customer of such a fortuitous event or force majeure within seven (7) days of it occurring. In the event that this suspension continues beyond a period of fifteen days, the Customer will be able to cancel the current Order and will be refunded as per the conditions described in article 8.1 of this text.

ARTICLE 14: INTELLECTUAL PROPERTY

The Site’s content and especially the articles, brands, logos and images are the property of Maier or their owners who have given Maier their permission to use them. It is forbidden to use, distribute, copy, reproduce, modify, denature or transmit the Site or parts of it such as text, images, sounds, brands and logos without prior written permission from Maier or copyright owners. Similarly, it is strictly forbidden without Maier’s prior, explicit and written agreement: - to create hypertext links to any page or any element that are part of the Site; - to use the site in any way that does not comply with this usage license and especially to use any of its elements (articles published, descriptions, prices, data, software, graphics, images, texts, photographs, tools, etc.) for sales purposes or any other direct or indirect commercial use.

ARTICLE 15: MISCELLANEOUS
15.1 APPLICABLE GENERAL TERMS

The Contract available on the Site on the day of the Order is the one applicable to the Customer. In the event that the general terms of sale evolve or new terms are introduced, the new provisions will only apply to Customers who placed an Order on or after the day they come into effect. The text is permanently accessible at the following address: "General Terms of Sale.

15.2 AGREEMENT OF EVIDENCE

Unless expressly stipulated on the contrary in this text, the Parties hereby agree to exchange the information necessary to perform the services covered the Contract by electronic correspondence and email to the addresses previously supplied during the Order in accordance with articles 1369-1 to 1369-5 of the French civil code. The Parties expressly declare that the emails and electronic messages between them will constitute written proof and renounce from requiring any confirmation by letter.

15.3 PARTNER LINKS

The Site may include hypertext links to sites published and/or administered by third parties. The Customer expressly acknowledges that Maier bears no responsibility for the availability of these resources and cannot be held responsible for their content.

15.4 PARTNER LINKS

The Site may include hypertext links to sites published and/or administered by third parties. The Customer expressly acknowledges that Maier bears no responsibility for the availability of these resources and cannot be held responsible for their content.

15.5 CONTACTS

For any information, claim or question concerning the Contract, Customers can contact Maier at 91 rue Edouard Herriot, 69002 Lyon, France or by email at contact@maier.fr, mentioning their Order number if applicable.

15.6 ENTIRE AGREEMENT

The Contract contains all the Parties’ obligations. The Contract’s provisions are exclusive of all others. They cancel and replace any proposals, agreements or protocols and supersede any other communication between the Parties that relates to the purpose of the Contract, whether or not occurring during its performance.

15.7 NON-RENUNCIATION

The fact that one party has not exercised a clause of the Contract, whether that be permanently or temporarily, shall in no case be interpreted as a renunciation to any right afforded to this Party by said unexercised clause.

15.8 STIPULATIONS

If one or several of the Contract’s stipulations are deemed to be invalid or declared as such by law, a regulation or following a definitive decision by a competent court, they shall be deemed not to have been written; the other stipulations will retain their force and scope.

15.9 TITLES OF THE CONTRACT’S CLAUSES

The titles of the Contract’s clauses are included for the sole purpose of aiding reading and cannot be used to interpret these articles or derive meaning. Thus, in the event of difficulty interpreting between any of the titles and clauses found in the Contract, the titles shall be deemed as inexistant.

15.10 APPLICABLE LAW

The Contract is governed by French law. Any problems relating to the application or interpretation of the Contract binding the Parties will be submitted to, failing conciliation, the competent French courts.

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