Each term or expression hereinafter shall, when used in capital letters, have the following meaning:

“GTC” refers to the present LORIGE online General Terms and Conditions of Sale

LORIGE” refers to the company LORIGE, a simplified joint stock company with a capital of 6,700.00 euros, registered in the PARIS Trade and Companies Register under the number 842 705 956 and domiciled at 10 place Vendôme 75001 PARIS;

PLATFORM” refers to the website lorige.com and any associated mobile or digital applications that refer to these General Terms and Conditions of Sale and through which the Client can learn about or acquire the Products offered for sale by LORIGE.

PRODUCT” refers to any product offered on the PLATFORM, which corresponds mainly to watchmaking items made from unique parts.

CUSTOMER” refers to any real person (and not legal entities) who is not a trader and has the legal capacity to conclude contracts – in particular with regard to the legal majority required to conclude contracts – who wishes to acquire a product offered for sale on the Platforms;

These General Terms and Conditions of Sale (GTCS) govern the contractual relationship between LORIGE and the Customer who wishes to order products on the lorige.com website and via any associated mobile or digital applications referring to these General Terms and Conditions of Sale (collectively, the “Platforms”).

The Customer is therefore invited to read these Terms and Conditions carefully.

The Customer is informed that acceptance of these GTC is necessary and mandatory in order to order any product on the Platforms. Without acceptance of these GTC, the Customer will not be able to order any product on the Platforms.

Sales made through physical outlets or through third parties (such as authorised resellers) are not subject to these GTC.

These GTC (and the related terms and conditions incorporated by reference) constitute the entire agreement between the Customer and LORIGE regarding the ordering of Products, and supersede all agreements, draft agreements, understandings, undertakings or collateral agreements of any kind whatsoever entered into by the parties, whether oral or written, regarding the Product.

LORIGE may modify these GTC at any time.

Consequently, the Customer is required to check them regularly in order to be kept informed of any updates.

The latest version of these GTC will always be available on the Platforms.

Any new version of these GTC will take effect immediately on the date of publication and will govern all orders for products or services placed from that date.

Any changes made to the GTC after the Customer has placed an order will not affect the order, except when required by applicable law.

By placing an order through the Platforms, the Customer represents and warrants that it is a bona fide Customer and end-user making a purchase for its own use or the personal use of a third party, and that it will not deliver, sell or otherwise distribute the Products, or purchase the Products for commercial purposes.
All orders placed through the Platforms are subject to availability and acceptance by LORIGE of said orders.

The Products presented on the Platforms, which cannot be added to the basket, are not available for sale on the Platforms.

Due to the specificity and limited nature of the original parts used to manufacture the Products, quantity limits may apply for orders of certain Products.

For the same reasons of specificity and availability of the original parts of the Product, LORIGE only manufactures and then delivers the Product after validation of the Customer’s order.

If a Product becomes unavailable after the order has been placed or if the original parts are insufficient to allow the manufacture of the said Product, LORIGE will immediately inform the Customer and, if necessary, reimburse the Customer as soon as possible and within 14 days at the latest.

LORIGE reserves the right to refuse at any time, without prior notice, orders exceeding a certain number of authorised products.

Furthermore, LORIGE makes every effort to ensure that the information, including product descriptions, dimensions and colours, provided on the Platforms or in advertisements is accurate and complete. However, LORIGE gives no guarantee, explicit or implicit, as to the accuracy, reliability and completeness of this information.

Also, the photographs illustrating the Products on the Platforms are provided for information only and have no contractual value.

The Customer may place an order either by registering and creating an online account, or as a visitor without creating an online account by selecting the “VISITOR ORDER” option.

When the Customer places an order as a visitor, LORIGE may still create an account in its systems in order to record the purchase(s).

LORIGE offers the Customer the possibility of personalising certain Products (for example, engraving of watches or embossing).

If the Client wishes to have a Product personalised, it must contact LORIGE at the following address: sales@lorige.com to agree on the modalities for personalising the Product.

LORIGE reserves the right not to accept or to refuse any order for personalised products.

It is the Client’s responsibility to ensure the accuracy of the information they provide concerning the products to be personalised.

Furthermore, the Customer is informed that orders for personalised products cannot be cancelled and that Products which have been personalised in any way cannot be returned for a refund as described in these General Terms and Conditions of Sale.

This clause does not affect the customer’s rights as a consumer (see the manufacturer’s warranty and your legal rights as a consumer for more information).

The Customer who wishes to place an order must first add the Products he/she wishes to purchase to his/her basket by clicking on the “add to basket” button.

The Customer may, at any time, access the contents of his/her basket and modify it by clicking on the “___________” link.

When the Customer wishes to validate his/her basket and thus confirm his/her order, he/she must click on the “complete my order” button.

The Customer must then follow the order procedure by indicating the requested billing and delivery information.

At the end of the order validation procedure, the Customer must carefully check and confirm the details of his/her order and personal information (including e-mail address, shipping address, billing address and payment details).

The Customer can then correct any errors made when entering the information.

If the order is correct, the Customer, after having read it, must accept these General Conditions by ticking the box provided for this purpose or renounce the order.

The Customer then validates the order by clicking on the “confirm my order” button, which constitutes signature and express acceptance of the order and these General Conditions.

After validation of the order, LORIGE sends the Client a summary of the order – generally by e-mail sent to the address indicated by the Client – confirming the details of the order, an order reference number and the indicative manufacturing and delivery times for the Product.

In accordance with the provisions of article 1126 of the Civil Code, the Client accepts the use of electronic mail for confirmation by LORIGE of the content of its order.

LORIGE invites the Client to keep this order reference number for any subsequent request or search for information concerning the order.

The Client is reminded that it is their responsibility to check and confirm that the summary of their order accurately reflects their order intentions.

It is also specified that written confirmation of the order does not constitute acceptance of your order.

After the order has been placed on the Platform, LORIGE will carry out the usual credit, anti-fraud, security and related legal checks and, if they are satisfactory, will then process the Customer’s order.

On effective receipt by LORIGE of full payment of the Price by the Client, LORIGE will send the Client written confirmation (by e-mail or otherwise) which will be deemed to be acceptance of the order by LORIGE and proof of receipt of the Price, indicating the existence of a legally binding sales contract.

Furthermore, the Client is informed that due to the particular nature of the Product, a manufacturing period for the Product will be necessary from the time the order is confirmed.

As an exception to the above, LORIGE offers the Client the possibility of paying the price of the Product in two instalments by a first bank transfer at the time of confirmation of the order and by a second bank transfer of the balance of the price of the Product according to the payment terms indicated in article 13 of this contract.

Where applicable, and if the Client wishes to benefit from the possibility of paying the Price in several instalments, the Client is invited to contact LORIGE before confirming the order at the e-mail address sales@lorige.com to discuss the methods of payment of the deposit and the balance of the price.

In this case, LORIGE’s acceptance of the Client’s order will only occur on effective receipt of the Client’s deposit by LORIGE. LORIGE will then send the Client a written confirmation (by e-mail or otherwise) which will be deemed to be acceptance of the order by LORIGE and proof of receipt of the deposit, indicating the existence of a legally binding sales contract.

When the Product is ready for delivery, the Client will be invited in writing (by e-mail or otherwise) to pay the balance of the Product Price to LORIGE and only on receipt of full payment of the Product will LORIGE send the Product ordered to the delivery address chosen by the Client.

The computerised records kept in LORIGE’s computer systems will be considered as proof of communications and orders.

It is expressly agreed that the data kept in LORIGE’s computer systems have evidential value with regard to orders placed by the Customer.

Furthermore, by application of article L.213-1 of the French Consumer Code, LORIGE keeps the elements relating to any order of an amount equal to or greater than one hundred and twenty (120) euros for a period of ten (10) years and makes them available to the Customer on request sent by the latter to the following e-mail address: sales@lorige.com

However, it is recommended, for orders placed on the Site, that the Customer also keeps a copy (in electronic format and/or on paper) of the elements relating to his order.

LORIGE reserves the right, in its sole discretion, to refuse, cancel or terminate orders at any time on reasonable grounds.

For example, LORIGE may refuse, cancel or terminate an order in the event of an outstanding dispute concerning the payment of a previous order or in the event of suspicion, at its sole discretion, of fraudulent or illicit activities or in the event of a breach of these GTC.

12.1. Prices

Unless otherwise stipulated, all prices are indicated in euros on the product pages of the Platforms, and include sales tax/VAT, but exclude delivery costs and any other taxes.

The prices invoiced are those in force at the date of the order, subject to the availability of the Products ordered at that date.

LORIGE reserves the right to modify the prices of the Products at any time and without notice.

In accordance with the provisions of article L.221-11 of the French Consumer Code, the Customer will receive, at the latest at the time of delivery, for each of the Products, written confirmation of the price paid detailing the price per Product and the delivery charges payable by the Customer.

12.2. Taxes and delivery charges

Sales or usage charges will vary depending on where the products are delivered.

Delivery charges are not shown on the product pages but will be added to the product price after the Customer has chosen their delivery options.

A summary of these charges will be provided before the Customer is asked to confirm and place their order, and these charges will also be included in the emails that LORIGE will exchange with the Customer once they have chosen their delivery options.

LORIGE undertakes to use its best endeavours to provide accurate information and pricing to the Customer. However, in the event of an error in the order or inaccurate information on delivery costs, LORIGE will contact the Customer as soon as possible to inform them of this error.

If LORIGE is unable to contact the Client or to process an erroneous order, LORIGE will cancel the Client’s order and the Client will be informed in writing and reimbursed for the sums paid.

The Client is informed that changes to the law in force between the date of placing the order and the date of receipt of a written Order and Dispatch Confirmation may modify the taxes associated with the order. If the resulting change results in an increase in the taxes charged to the Customer, LORIGE will contact the Customer and ask them to reconfirm their order.

The provisions of article 1341 of the Civil Code do not apply to sales concluded at distance by LORIGE.

The Client’s purchases are paid for solely by bank transfer.

After validation of the order by the Client, LORIGE will send the Client by e-mail the bank details of the LORIGE account to which the transfer is to be made.

To this end, the Client confirms that it is the personal owner of the bank account used for payment of the order.

The Client expressly authorises LORIGE to carry out security checks or have them carried out if it deems this necessary, and to occasionally transmit or obtain information (including updated information) concerning the Client to or from third parties, in order to authenticate the Client’s identity and authorise individual purchase transactions.

In the event that LORIGE is unable to meet its shipping and/or delivery obligations set out below, LORIGE will inform the Client in writing and refund the advance payment without undue delay.

LORIGE undertakes not to charge any commission for bank transfers for any order placed via the Platforms.

However, some banks may charge bank transfer fees.

LORIGE requires that all orders paid by bank transfer be confirmed through an order approval process.

In the case of an order paid by bank transfer, LORIGE informs the Customer that the order will only be processed after confirmation of receipt of the actual payment. If the bank transfer is not credited to LORIGE’s bank account within fifteen (15) days of the order being placed, the order will be cancelled.

Due to the specific nature and limited availability of the original parts used to manufacture the Product, LORIGE will only proceed with the manufacture of the said Product after validation of the Client’s order.

The manufacturing and indicative delivery times are given when the order is validated (before payment is made).

The Products will be delivered on the date or within the period indicated to the Client by LORIGE when the order is validated, and at the latest, within 30 days of the delivery deadline indicated to the Client.

Due to the costly and special nature of the Products, LORIGE will deliver the Products using a carrier insured for this purpose and approved by LORIGE; delivery will be made with proof of hand delivery to the Client.

The cost of this delivery is borne by the Client and the amount of this cost is communicated to the Client prior to the order validation stage.

If the Client refuses the delivery method proposed by LORIGE, the Client is invited to contact LORIGE at the following address: sales@lorige.com in order to discuss the specific terms and conditions for delivering the Product to the Client.

LORIGE only accepts orders for delivery to the country or countries identified during the ordering process.

Furthermore, the Customer is informed that LORIGE does not ship to certain addresses, such as military zones, certain restricted zones, collection points or post office boxes.

If the Customer orders several products, LORIGE will only dispatch the order once all the products are available (there will be no partial delivery, unless the Customer is informed otherwise).

LORIGE will use reasonable efforts to ensure that delivery is made by the carrier within the estimated delivery time from the date of the written confirmation of the order, and in any case within thirty (30) days of the delivery deadline indicated to the Client, unless the purchase is for a product that requires additional delivery time (e.g. in the case of products that LORIGE customises according to the Client’s specific requests).

If the delivery of products is delayed by an event beyond LORIGE’s control, LORIGE will inform the Client as soon as possible and will use all reasonable efforts to minimise the consequences of the delay.

If the Client specifies a recipient other than the Client for delivery, the Client accepts that a signature by the said recipient (or by a person at the delivery address) constitutes proof of delivery and discharge of the sales contract by LORIGE, implying a transfer of responsibility to the recipient’s address, as if the product had been delivered to the Client.

For certain categories of products, LORIGE reserves the right to deliver the products only to the person who is the intended recipient of the order as indicated on the package label, and to request an identity check for verification purposes at the time of delivery.

At the time of receipt, it is the responsibility of the Customer or the recipient indicated by the Customer to check the goods and, if necessary, to make reservations on the delivery note.

If no reservations are made on the delivery slip, the Products are irrevocably presumed to be in conformity and free of visible defects.

LORIGE reserves ownership of the Products until full payment has been received by LORIGE.

On the other hand, the Client assumes the risks (in particular those related to loss, theft or deterioration) concerning the Products delivered from the moment they are delivered to the address indicated at the time of the order.

After ordering products via the Platforms, the Customer will receive an invoice that will be sent to him in writing (to his e-mail address as an attachment in PDF format or otherwise).
17.1. Right of cancellation and withdrawal

In accordance with the provisions of Articles L. 221-18 et seq. of the Consumer Code, the Customer has a right of withdrawal which he may exercise within a period of fourteen (14) days to cancel the contract and exercise his right of withdrawal without having to justify his reasons. In order to respect the withdrawal period, the Customer only needs to withdraw before the expiry of this period.

The fourteen (14) day period shall run from the date of receipt of the Products ordered by the Customer or any other person designated by the Customer.

If the period expires on a Saturday, Sunday, public holiday or non-working day, it shall be extended until the next working day.

If the Customer is located in the European Union or in the European Economic Area and makes a purchase via the Platforms, this right of cancellation will qualify as a legal right of withdrawal.

17.2. Cancellation procedures.

In order to cancel the order and return the Product(s), the Customer must express his/her intention to cancel the order in writing by an unequivocal statement, such as a letter or an e-mail sent to the following address: sales@lorige.com.

A cancellation form is available in Article 24, but it is not mandatory.

17.3. Return process

The Customer wishing to cancel the order must return the Product(s), indicating the order number, in their original packaging, in perfect condition and accompanied by its (their) accessories, documentation and guarantee, as well as the Customer’s bank details allowing the reimbursement of the Product by LORIGE, to the following address

LORIGE, 10 PLACE VENDÔME, 75001 PARIS – FRANCE

17.4. Conditions for returning products

LORIGE will check that the returned Product meets the conditions of this Article and, if applicable, will proceed with the applicable refund after confirmation of the Client’s bank details allowing the refund of the Product by LORIGE.

Products must be returned in new and undamaged condition, with all protective materials in place and accompanied by the labels and stickers affixed to them (if applicable), as well as the original LORIGE box and packaging, including all accessories, guarantees and documents.

LORIGE reserves the right not to accept any returns if the product shows signs of wear, or has been used or altered from its original condition in any way, or we may reduce the amount of any applicable refund accordingly.

The Customer is advised that if the returned Product does not meet the quality requirements for its original condition, LORIGE may refuse the return and the Product will be returned to the Customer.

If the Customer has received free items as part of their order, they must be returned with the products.

Failure by the Customer to comply with these GTC will entitle LORIGE to refuse the returned product and to return it to the Customer at its own expense.

Furthermore, LORIGE recommends that the Client return the Product using a carrier insured and approved by LORIGE. To this end, LORIGE invites the Client to contact it at the following address: sales@lorige.com in order to be informed of the list of carriers approved by LORIGE and recommended for the return of Products.

17.5. Non-refundable products

Orders for personalised products cannot be cancelled and these products cannot be returned to LORIGE for reimbursement. This applies in particular to products that have been engraved or embossed.

17.6. Refunds

Subject to compliance with the conditions of these GTC, the Customer may obtain a refund for the returned Product.

Only the purchasing Customer shall be entitled to receive a refund of the purchase price, excluding any other person to whom the Product was sent. The recipient of the Product (e.g. in the case of a gift) should contact LORIGE’s customer service department at the following address: sales@lorige.com to discuss the options available to them.

In the event of a return under the conditions set out in these GTC, LORIGE will make all reasonable efforts to refund the purchase price to the purchasing Customer by bank transfer within fourteen (14) days of receiving the returned Product.

The initial delivery costs will be refunded, unless the Customer initially chose non-standard delivery, in which case the additional costs will not be refunded.

18.1. Legal guarantee

The Products sold by LORIGE are subject to the legal warranties provided for in articles L.217-4 to L.217-14 of the French Consumer Code as well as articles 1641 to 1648 of the French Civil Code, excluding any other warranty:

18.1.1. Legal guarantee of conformity

LORIGE will deliver to the Customer a Product that conforms to the contract and is free from defects in conformity when the said Product is delivered, in the sense that the Product will be fit for the use under usual and expected conditions of a similar good and that it will have the characteristics presented at the time of sale.

This guarantee shall only apply if the Customer requests it within two (2) years of delivery of the goods. Defects of conformity that appear within twenty-four (24) months of delivery are presumed to exist at the time of delivery, unless proven otherwise.

The Customer may then choose between repairing or replacing the Product, unless one of these choices would entail a manifestly disproportionate cost for LORIGE. If the repair or replacement of the Product is unavailable, the Customer may either have the price paid returned and return the Product or keep the Product and have part of the price returned, unless the lack of conformity is minor.

18.1.2. Legal guarantee against hidden defects

LORIGE will deliver to the Client a Product free of hidden defects that would make it unfit for its intended use, or that would so diminish its use that the Client would not have acquired it, or would have given a lower price for it, if it had known about them.

This guarantee only applies if the Customer requests it within two (2) years of the discovery of the defect.

In the event of a hidden defect, it shall be up to the Customer to prove that it meets the conditions of the guarantee.

The Customer shall have the choice of returning the Product and having the price refunded or keeping the Product and having part of the price refunded.

18.2. Commercial guarantee

LORIGE undertakes to ensure that each product strictly complies with its technical and aesthetic quality criteria.

The products selected are covered by the applicable LORIGE guarantee.

As a consumer, the Customer may have legal rights under the applicable legislation governing the sale of consumer goods; these rights are not affected by these GTC or the applicable LORIGE Guarantee.

18.3. Repair

If the Customer wishes to repair a Product covered by the applicable LORIGE Warranty, he/she should contact LORIGE directly at the following address: sales@lorige.com.

The Client and LORIGE undertake to comply with the regulations in force applicable to the processing of personal data and, in particular, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 applicable from 25 May 2018 (hereinafter, “the European Data Protection Regulation”).

LORIGE’s PRIVACY POLICY is available at the following link: Lorige Privacy Policy as well as on the website lorige.com.

To the fullest extent permitted by current law, LORIGE renounces and excludes all other terms, conditions and warranties relating to the Products and Platforms, whether express or implied or otherwise, or arising from any prior transaction, use or business practice.

LORIGE also declines all responsibility in the event of non-performance or delay in performance or non-compliance with its obligations under these GTC, arising from any cause beyond its control.

Subject to legal or regulatory assumptions excluding any limit of LORIGE’s liability due to the law in force (in particular according to legislation for consumer protection in force in certain countries), LORIGE’s liability towards the Client for any order, whether contractual, tortious (including due to negligence) or otherwise, shall under no circumstances exceed one hundred percent (100%) of the price of the product(s) of the Client’s order.

If any of the provisions of the GTC are found to be invalid under current law, or from a final court decision, they shall be deemed to be unwritten, without invalidating these GTC or altering the validity of the other provisions, unless otherwise required by current law.

The Parties shall replace the invalid provisions by means of an amendment with new provisions that are legally valid and as close as possible to the meaning and purpose envisaged from a legal and economic point of view.

The fact that LORIGE does not at any time exercise a prerogative recognised by the GTC shall not in any way be interpreted as an express or tacit waiver of the right to exercise said prerogative in the future.

The Customer designates domicile at the address indicated on the order form as being his personal address.
These GTC shall be governed by and interpreted in accordance with French law, unless otherwise provided for by mandatory provisions such as those arising from EC Regulation No. 593/2008 of 17 June 2008 on the law applicable to contractual obligations (Rome I), without reference to any provisions concerning a possible conflict of laws (“Applicable Laws”).

In the event of difficulties, the Client and LORIGE will make every effort during a period of thirty (30) days to settle amicably any dispute or disagreement relating to the GTC or any breach thereof.

Any dispute, controversy or complaint arising out of or relating to the GTC, including the validity, invalidity, breach or termination of the GTC, may be resolved amicably in accordance with the GTC.

If applicable, the Customer shall have the possibility, before taking any legal action, of seeking an amicable solution with LORIGE and of having recourse to the CMAP – Centre de Médiation et d’Arbitrage de Paris, the consumer mediator to which LORIGE belongs to, which can be contacted by simple or registered post at CMAP Médiation Consommation, 39 avenue Franklin D. Roosevelt, 75008 PARIS, or by email at consommation@cmap.fr.

If the Customer is a consumer residing in the European Union, the Customer is informed that he has the right to submit his complaint to another Alternative Dispute Resolution institution.

For a list of ADR institutions applicable in the Client’s country, the Client may consult the European Commission’s Online Dispute Resolution platform at the following address: https://ec.europa.eu/consumers/odr/main/?event=main.consumer.rights.

The Customer remains free to accept or refuse the recourse to mediation and, in case of recourse to mediation, each party is free to accept or refuse the solution proposed by the mediator. In the absence of an amicable solution or recourse to mediation, all disputes to which the GTC may give rise shall be submitted to the competent court in application of the rules laid down by the Code of Civil Procedure and the Consumer Code.

If the applicable law is different from the consumer law of the Client’s country, LORIGE will grant the Client similar protection.

LORIGE may also bring proceedings against the Client before the courts of the country where the Client is domiciled.

For the attention of :

LORIGE,
User Service,
10 PLACE VENDÔME , 75001 PARIS – FRANCE
sales@lorige.com

I hereby notify you of my withdrawal from the contract concluded on the “lorige.com” website and
on the LORIGE applications concerning the sale of the item(s) below:

__________________________________________
__________________________________________
__________________________________________

– Ordered on (*) : ____________________________________________
– Received on (*) : ____________________________________________
– Name of consumer(s) : ____________________________________________
– Address of consumer(s) : ____________________________________________
– Signature of consumer(s) (only if this form is notified in paper form): ____________________________________________
– Date : ____________________________________________
(*) Delete as appropriate