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TERMS OF SALES

 

1. MAISON TELLUS WEBSITE AND THE GENERAL TERMS AND CONDITIONS OF SALE


1.1 These general terms and conditions of sale (the “General Terms and Conditions of Sale”) as well as the documents to which they refer or which are mentioned therein, apply to all sales of TELLUS products and/or services that you can order on the website “www.maison-tellus.com” (the “Website”). In these General Terms and Conditions of Sale, the terms “TELLUS”, “we”, “us” and “our”, designate our Company, namely the company Tellus Watches SAS, known as Maison Tellus, a company governed by French law with its registered office at 20 rue Fortuny 75017 Paris as well as its affiliates.

1.2 By using the Website and placing an order on it, you signify your unreserved agreement to, and you undertake to, comply with, these General Terms and Conditions of Sale, as well as the Conditions of Use and the Privacy Policy which can be consulted on the Website, and which form an integral part of the contract between us when placing an order on the Website. Please ensure that you have read and understood these General Terms and Conditions of Sale before using the Website.

If you do not accept the General Terms and Conditions of Sale you will not be able to place an order on the Website.


2. UPDATE OF THE GENERAL TERMS AND CONDITIONS OF SALE

TELLUS reserves the right, at any time, to modify these GeneralTerms and Conditions of Sale at its sole discretion and without notice. We therefore invite you to consult them regularly in order to stay informed of updates. The latest version of these General Terms and Conditions of Sale will always be the one available on the Website and will take effect as soon as it is published on the Website. By continuing to use the Website, you agree to be bound by the terms of such successive updates and modifications.

3. ORDER PROCEDURE

3.1 Our order procedure has been established to enable you to check and, if necessary, correct any errors before you submit your order to us. The ordering procedure is as follows:

    • Add to cart: Once you have selected a TELLUS product or service, you will be prompted to add it to your cart. You can then decide to confirm your order or continue shopping and add them to your basket, subject to availability.
    • Validation of purchases: After the selection of TELLUS products and/or services, you can proceed to the "Validation" of your order, either as a visitor or through your registered account. You can always adjust your basket, by deleting the TELLUS product(s) and or services you have selected or by adding new one(s).
    • Verification of order parameters: At this stage, you will be asked to verify your order details and your personal information (including email address, shipping address, billing address and payment details). ). A summary of the order will be presented to you before placing your order.
    • Ordering: Once the checks have been carried out, you will confirm your choices and place your order.

We invite you to carefully read and check your order before submitting it to us. In the event of an error in your order, you must contact us by e-mail or telephone as soon as possible in order to inform us of the error. We will try, as far as possible and without guarantee, to correct the said error.

3.2 An email confirming receipt of your order will be sent to you as soon as your order has been registered on the Website. This order confirmation does not mean at this stage acceptance of your order on our part. The acceptance of your order will only be validated after (i) verification of the availability of the product or service and (ii) the usual legal checks in terms of credit, the fight against fraud and security, as well as related controls. If they are satisfactory, we will then process your order.

Upon receipt of your order, standard pre-authorization checks on your payment card will be carried out to ensure the creditworthiness of the means of payment to complete the transaction. Your card will be debited once your order has been validated by us.

We will only ship your purchase upon receipt of the full amount of the order on our account. Once this step has been completed, you will receive a shipping confirmation email from us. This constitutes acceptance of your order by TELLUS and thus confirms the existence of a legally binding sales contract between us.

3.3 Upon receipt of your payment in full, an electronic invoice will be sent to the e-mail address you provided when placing your order. It is important that you enter a valid email address when placing your order. We recommend that you save this email to facilitate any possible communication with customer service in the future.

3.4 If you have paid for a TELLUS product or service that is not available, a refund will be made as soon as possible.

3.5 We reserve the right, at our sole discretion, to refuse, cancel or terminate orders at any time on reasonable grounds, including where there is a suspicion of breach of these General Terms and Conditions of Sale or the Conditions of Use .


4. PRICES AND TARIFFS OF TELLUS PRODUCTS AND SERVICES

4.1 All prices displayed on the Website are in euros and include VAT, in accordance with the legislation in force. For orders whose delivery address is outside the EU, VAT will be deducted during the validation of the order, or even before, depending on the country of delivery of the product.

4.2 The prices of our products and services may be changed at any time at our discretion. The modification of the price of a product or service on the Website will not affect orders that have been the subject of a shipping confirmation.

4.3 The exchange rate to your local currency at check-out will be determined by your credit card company or bank, according to their terms and conditions.

4.4 If shipping an order outside of the EU, import duties and taxes may apply and are collected at the time of delivery to the shipping address. You will be responsible for paying such import duties and taxes if applicable. It is up to you to contact your local customs office for further information and to find out the amounts and methods of the applicable rates.

4.5 The total cost of your order will include the cost of the goods and any applicable delivery charges. Participation in delivery costs, if any, is indicated separately. TELLUS will not be required to deliver a product to you at an incorrect price if the pricing error is obvious and you
could have easily spotted it. If this is the case, we will contact you before delivery of the product.

4.6 TELLUS pays particular attention to ensuring that the prices of the products and/or services as well as the delivery costs displayed on the Website are always correct. However, despite our reasonable efforts, it is always possible that the price of some of the products and services offered or the delivery costs may not be accurate. If this were the case for a product or service that you have ordered, we will contact you as soon as possible to inform you of this error and give you the possibility of confirming the purchase of the product or service at the correct price or of canceling your ordered. Your order will not be processed until we receive your instructions. If the contact details you provided during the ordering process do not allow us to contact you, we will cancel the order and notify you in writing.

In the event of cancellation of the order for error of price after the confirmation of the order by our care and payment of the price, we will refund the price paid to you as soon as possible.

4.7 In the event of upward changes in the taxes applicable to your order between the date of placing your order and the date of receipt of order confirmation and shipment, we will contact you and ask you to reconfirm your order.


5 PAYMENT

5.1 The means of payment accepted are those indicated in the ordering process on the Website or, more generally, the Platforms. Your payment details will be required when placing an order on the Website and/or the Platforms.

5.2 TELLUS reserves the right to request additional information, including any particular form of identification. You thus expressly authorize us to perform the security checks that we may, in our sole discretion, deem necessary, to transmit or occasionally obtain information (including updated information) about you to or from third parties, including but not limited to your payment card details, in order to authenticate your identity, validate your payment card, obtain initial payment card authorization and authorize individual transactions from purchase. The full amount of your purchase will normally be held on your payment card until we confirm dispatch of your order, at which time your payment card will be charged the applicable purchase price.

5.3 If we offer PayPal as a method of payment, the full amount of your purchase will be charged to your payment card immediately after you place your order. Advance payment will not affect your legal rights under these General Terms and Conditions of Sale (including, but not limited to, the right to a refund). If we cannot meet our shipping and/or delivery obligations set out below, we will notify you by email and refund the prepayment as soon as possible.

5.4 We may accept bank transfers as payment for Orders at our sole discretion. We do not charge commission for bank transfers for any order placed on the Website. However, some banking institutions may charge wire transfer fees. We can acknowledge receipt of an order paid for by bank transfer, but the order will not be processed until payment has been received and we have confirmed its receipt by e-mail. If your wire transfer is not credited to our bank account within seven (7) days of placing your order, your order will be cancelled.


6. WARRANTY

6.1 We offer a two (2) year international warranty (“TELLUS International Warranty”) against any manufacturing defect or material defect, entering into forc on the date of purchase of the watch (“Warranty Period”).

Our comprehensive warranty applies only to products purchased on the Website, or from an authorized reseller. If you discover a defect in material or workmanship on your purchased product and wish to obtain repair or replacement of it, you must contact our customer service.

6.2 The TELLUS International Guarantee does not cover the following points (hereinafter, the “Exceptions”):

    • thefts, losses, force majeure events, natural disasters and accidents of any kind;
    • damage due to misuse or improper use of the watch and/or its components;
    • damage due to alteration of the watch and/or its components carried out by third parties not approved by TELLUS;
    • bracelets (except metal bracelets);
    • natural wear and tear due to normal use and aging of the watch and/or bracelet and its buckle or clasp;
    • repair requests for a watch whose warranty has not been activated.

6.3 Any request relating to the use of the TELLUS International Guarantee must be accompanied by one of the following documents:

    • international warranty certificate with stamp, date and product reference;
    • the original invoice or the original delivery note as well as a bank or credit card statement;
    • if the product was purchased online from our Website, the invoice or purchase order number will suffice. TELLUS will then carry out the usual checks to ensure that the product concerned actually benefits from the TELLUS International Guarantee (or, where applicable, from an extended guarantee taken out on the Website).


7. PERSONAL INFORMATION

When you make purchases on the Website, we record certain information about you to fulfill your order. TELLUS treats all personal information as confidential. The conditions for the collection and use by TELLUS of the information and personal data that you provide to us are set out in our Privacy Policy charter which can be consulted on the Website.


8. INFORMATION ON PRODUCTS AND SERVICES

Although we make every effort to ensure that all content published on the Website is accurate and as precise as possible, errors may occur, particularly with regard to the description of products and/or services. TELLUS therefore cannot guarantee that all product images accurately reflect the actual appearance of the products; all product images should be considered illustrative. The display of product images may also vary depending on the configuration of your computer's color settings or the quality of the screen on which you view the images of the Website.


9. SHIPPING

9.1 Shipments of orders can only be made to the countries and addresses provided during the ordering procedure described in article 3 above. As a security measure, we do not ship to certain addresses, such as military areas, certain restricted areas, pick-up points or PO boxes. In the event of an order for several products, the order will only be dispatched when all the products are available.

9.2 In the event of a delay for reasons or events beyond our control, we will notify you as soon as possible and use our best efforts to try to minimize the consequences of the delay. If delivery of your order does not occur within thirty (30) days (or such other agreed period in the case of a personalized or made-to-measure order) following the date of the dispatch confirmation or such other period as we indicate, you can contact us to cancel the order and obtain a refund of the sums paid, without being able to claim any compensation for any reason whatsoever.

9.3 TELLUS may require a handwritten or electronic signature from you, or from any person at the delivery address indicated, to confirm the good delivery of the product. From that moment, the risk and responsibility for the product(s) you have purchased are transferred to you.

In the event of delivery to a third party (for example if it is a gift), it is agreed that the signature of said third party (or of a person at the delivery address) will constitute proof of delivery and acquittal of the contract of sale by TELLUS, and will release TELLUS from all liability.

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


10. RETURN POLICY

10.1 You have a right of withdrawal of fifteen (15) days from the date of delivery of your TELLUS watch. To exercise this right, you must inform us and request a return authorization code by email from our customer service department (service-clients@maison-tellus.com).

You must indicate in your e-mail the order number corresponding to the product concerned which you will find on the e-mail and/or the invoice that you have received. We will acknowledge receipt of your withdrawal email by providing you with the return authorization code.

You will then have a maximum period of fifteen (15) days from the sending of your withdrawal email to return the product(s) concerned to us at:

TELLUS WATCHES SAS,
After sales service,
20 rue Fortuny,
75017 Paris

accompanied

    • the delivery note and the TELLUS return form which will be sent to you in the email confirming receipt of your withdrawal;
    • the return authorization code communicated to you.


10.2 Returned products must be in new and undamaged condition, in full working order, with all protective materials in place and accompanied by the labels and stickers affixed to them, as well as the original TELLUS box and packaging, including all accessories and documents. TELLUS 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 refund or exchange applicable accordingly.

10.3 If you have received free items as part of your order, they must be returned with the products.

10.4 All returns will be subject to quality control by us to ensure that the products returned are compliant. If the quality control reveals defects, TELLUS may refuse their return, and the products will be returned to you. If the returned product passes quality control, we will issue the applicable refund or exchange.

Failure to comply with these General Terms and Conditions of Sale will give us the right to refuse the returned product and send it back to you, at your expense.

10.5 No return for an exchange or refund can be made for products that have been personalized or made to measure for the customer or that have been the subject of a special order.


11. FORCE MAJEURE

TELLUS shall be exonerated from all liability for damages and other penalties in the event of impossibility of performing the contract, delay in its performance or circumstances beyond our control. Exempting factors from liability to be considered include government intervention, application of new laws or modification of existing laws, absence of state, war, fire, flood, disturbance labor, strikes, prohibitions, restrictions, sabotage, poor weather or transportation or failure to deliver from suppliers and the company's exposure to criminal activity affecting its business.


12. GENERAL PROVISIONS


12.1 These General Terms and Conditions of Sale and their successive updates constitute the entire agreement between TELLUS and you concerning the purchase of TELLUS products and/or services on the Website. They supersede and extinguish all previous agreements, draft agreements, arrangements, undertakings or ancillary contracts entered into by the parties, of whatever nature, whether oral or written, relating to the purchase of products and /or TELLUS services on the Website.

12.2 If one or more stipulations of these General Terms and Conditions of Sale are declared invalid or considered as such pursuant to a law, regulation or final decision of a competent jurisdiction, they will be deemed unwritten and the other stipulations will remain in force.

12.3 Failure by TELLUS to enforce its rights under any provision of these Terms of Use or any other right under these General Terms and Conditions of Sale shall not (i) in any way affect the validity of these General Terms and Conditions of Sale (ii) nor be construed or considered as a waiver of its rights to invoke the application of the said provision or of the said right whether for the past or for the future.

13. APPLICABLE LAW AND JURISDICTION

13.1 These Terms of Use are governed and interpreted in accordance with the provisions of French law, except for the application of mandatory provisions of the jurisdiction to which you are subject.

13.2 Any dispute, controversy or claim arising out of or in connection with these General Terms and Conditions of Sale, including those relating to their validity, invalidity, violation or termination, shall be subject to the exclusive jurisdiction of the competent courts of the registered office of TELLUS Watches SAS.

LAST UPDATE: DECEMBER 2022