Terms and conditions

ARTICLE 1: PREAMBLE

These general conditions of sale exclusively govern commercial relations with our customers for sales and services presented on the site " https://www.inercy.fr/ " belonging to the company TRBWATCH, a simplified joint stock company with capital of 2,222 euros, whose head office is located at 10 rue Voltaire, 92800 Puteaux and registered in the Paris Trade and Companies Register under number 880 389 531.

Any order implies prior consultation and unreserved acceptance of these general conditions of sale. These are accessible at any time on the company's website via the following link:
https://www.inercy.fr/terms-and-conditions

It is understood that persons considered legally incapable of contracting within the meaning of articles 1123 et seq. of the civil code, in particular unemancipated minors, must obtain authorization from their legal representative prior to any order.

These general conditions of sale constitute the sole agreement between the parties and take precedence over any other document.

The TRBWATCH company reserves the right to modify these general conditions of sale at any time by publishing a new version on the site. The applicable general conditions of sale are those in force on the date of the order.

ARTICLE 2: PRODUCTS

In accordance with the provisions of article L. 111-1 of the Consumer Code, the company TRBWATCH presents on its site the essential characteristics of the products it offers for sale.

The products presented by the TRBWATCH company are offered and delivered while stocks last.

The photographs and graphics appearing on the TRBWATCH company website are given for information purposes only and cannot constitute a contractual commitment by the TRBWATCH company guaranteeing perfect similarity between the product ordered and the product represented.

ARTICLE 3: ORDER

The customer selects one or more products from those offered for sale and presented on the site. The customer must then place the product(s) in the shopping cart by clicking on the “add to cart” button.

The customer can access a summary of the products in the basket at any time before final validation of the order in order to correct any errors in data entry.

It is only after checking the box to accept the general conditions of sale and confirming the accuracy of the information provided that the order is registered. This acceptance of the order becomes definitive by clicking on the “Pay now” button.

The TRBWATCH company acknowledges receipt of the customer's order as soon as possible in the form of an email summary of purchases sent to the email address indicated by the customer when validating the order.

As soon as the product is in stock, the order will be executed within five (5) working days at the latest. In the event that, regardless of TRBWATCH's control, the ordered product is unavailable, the customer will be informed as soon as possible. The customer will have the possibility to modify or cancel his order at any time and request a refund of his order.

When recording the customer's personal data, the latter must ensure the accuracy and completeness of the mandatory data they provide. In the event of an error in the wording of the recipient's contact details, TRBWATCH cannot be held responsible for the impossibility of delivering the product.

ARTICLE 4: PRICE

Prices are quoted in euros all taxes included.

The value added tax is that in force on French territory on the day of the order. Any change in the applicable rate may be reflected in the price of the products.

In the case of a shipment outside the European Union and the French Overseas Territories, taxes may be charged upon receipt of the package by the customer. These taxes, which depend on the country, remain the responsibility of the customer. It is up to and recommended that the customer carry out the necessary checks and steps before validating the order.

Payment of the entire price must be made at the time of ordering. At no time can the sums paid be considered as deposits or deposits.

The TRBWATCH company cannot be bound by the display of an incorrect or obviously derisory price, whatever the reason.

TRBWATCH reserves the right to modify its prices at any time, it being understood that the products will be invoiced on the basis of the prices in effect at the time of the order.

ARTICLE 5: PAYMENT

The products are payable in euros on the day the order summary is validated by the customer.

TRBWATCH will not be required to deliver the products ordered by the customer if the price has not been paid in full beforehand. TRBWATCH will remain the owner of the products ordered until full payment of the price, it being understood that the transfer of risks takes place upon delivery of the products.

The authorized online payment methods are as follows:

- Bank cards (VISA, MASTERCARD, AMERICAN EXPRESS)

The customer accesses a dedicated space provided by Shopify, which ensures the security and recording of the payment order. In this regard, the customer expressly acknowledges that communicating their bank card number to TRBWATCH via Shopify constitutes authorization to debit their account for the products ordered.

Regardless of the payment method used, TRBWATCH will cover occasional bank charges incurred by the payment, within the limit of the management fees invoiced by Shopify . Any other charges, for whatever reason, will be billed to the customer.

TRBWATCH reserves the right to suspend any order management and delivery in the event of refusal of authorization for payment by credit card from officially accredited organizations or in the event of non-payment. TRBWATCH reserves the right to refuse to make a delivery or to honor an order from a customer who has not fully or partially paid a previous order or with whom a payment dispute is being administered.

TRBWATCH reserves the right to cancel any order when the customer's IP address is located in a country different from the billing and/or delivery address.

The computerized records, kept in the IT systems of the TRBWATCH company under reasonable security conditions, will be considered as proof of communications, orders and payments made between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.

ARTICLE 6: DELIVERY

Delivery is made to the delivery address indicated by the customer, it being specified that this address must be the customer's home address or the address of any other natural person of his choice if this is clearly specified by the customer when of his order.

No delivery is guaranteed to hotels, PO boxes or business addresses.

The delivery of the products does not entail any costs borne by the customer, it is carried out free of charge.

The products are delivered on the date or within the period indicated on the “inercy.fr” site on the Product page concerned.

Upon receipt of the order, the customer is required to check the conformity of the products received with the order placed. The customer must report any anomaly concerning delivery, particularly in the event of a damaged package (defective or damaged products), within three (3) days following receipt of the products to the carrier and to TRBWATCH. Any complaint made beyond three (3) days following receipt of the products will not be taken into account and TRBWATCH cannot be held liable under any circumstances. The customer may be required, at TRBWATCH's request, to return the non-compliant or damaged product. Unused Product must be returned to TRBWATCH in its original packaging, in perfect condition and accompanied by all its accessories and instructions if applicable. Any Product damaged, incomplete or unsuitable for further marketing or use will not be refunded or exchanged. The return is made by post at the customer's expense. TRBWATCH reserves the right to refuse to serve a subsequent order in the event of abnormal or abusive returns from the customer.

If the order is not delivered within twenty-one (21) days from the date of validation of the order , the customer will have the possibility of terminating the contract, in which case TRBWATCH will reimburse the sums paid, except in the case of pre-order where this period may be extended depending on availability of the product. If this delay or failure is justified or attributable either to the customer, or to the unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure as defined by the regulations, in accordance with article L. 121- 20-3 of the Consumer Code, the fault will not be attributable to TRBWATCH.

The TRBWATCH company cannot be held responsible for delivery delays due to errors or disruptions attributable to carriers (including in particular in the event of a total or partial strike of postal services and means of transport and/or communication).

For postal shipments, the customer will be able to follow the delivery of their package online, via a tracking number which will be provided by email upon confirmation of shipment by the company TRBWATCH. In the event of a problem, you can contact the TRBWATCH company at the following address: contact@inercy.fr .

Except in special cases or unavailability of one or more products, delivery is made in one go.

ARTICLE 7: RIGHT OF WITHDRAWAL

In accordance with the law, the customer has a period of fourteen (14) days from the date of shipment of the package to inform the company TRBWATCH of his decision to withdraw, whatever the reason.

So that the customer can request an exchange or refund (without penalties) of the product(s). Unused Product must be returned to TRBWATCH in its original packaging, in perfect condition and accompanied by all its accessories and instructions if applicable. The customer must attach to the returned product a copy of the invoice or any other element allowing identification of the order in question and its holder.

Items returned incomplete, damaged, damaged or soiled by the customer will not be refunded or exchanged. Any products that have been worn cannot be returned.

Only the customer identified as such to the TRBWATCH company can exercise this right, to the exclusion of any other person, and in particular the person who receives the delivery.

The return address is as follows

TRBWATCH

Return service

10 Rue Voltaire

92800 Puteaux, France

It is understood that transport costs and risks are the responsibility of the customer.

All refunds are made within fourteen (14) days of the return of the package.

ARTICLE 8: COMMERCIAL GUARANTEE

The TRBWATCH commercial guarantee applies to all products offered on our site, at no additional cost. This commercial guarantee applies from the date of purchase, attested by a certificate of authenticity and guarantee which accompanies our products. The 3-year warranty (parts and labor) applies to normal use. It does not cover wear and tear due to use. Breakages or deformation resulting from an accidental circumstance or shock or use not in accordance with the instructions provided are not considered normal use.

ARTICLE 9: LEGAL GUARANTEES

Regardless of the above contractual guarantees, the seller remains liable for defects in the conformity of the goods sold in accordance with articles L. 217-4 et seq. of the Consumer Code:

• The customer has two years from delivery of the goods to act;
• The customer can choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;
• For a period of two years from delivery of the goods, the customer is exempt from providing proof of non-compliance of the goods with the contract.

It also remains bound by the legal guarantee against hidden defects in articles 1641 et seq. of the Civil Code for which you also have direct recourse against the seller.

“Legal guarantee of conformity” (extract from the Consumer Code)

• L. 217-4. "The seller is required to deliver goods in conformity with the contract and is responsible for any lack of conformity existing at the time of delivery. He is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this was made his responsibility by the contract or was carried out under his responsibility".
• L. 217-5. "The property complies with the contract:

1° If it is suitable for the use usually expected of similar goods and, where applicable:

- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;

- if it presents the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;

2° Or if it presents the characteristics defined by mutual agreement by the parties or if it is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.

• L. 217-9. "In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller cannot proceed according to the buyer's choice if this choice results in a cost that is manifestly disproportionate compared to the other option. , taking into account the value of the goods or the importance of the defect. In this case, the seller is required to proceed, unless impossible, according to the method not chosen by the buyer.
• L. 211-12. “The action resulting from the lack of conformity is prescribed two years from the delivery of the goods.

“On the guarantee of defects in the thing sold” (extract from the civil code)

• "The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it, or would not would have given a lower price for them, if he had known them.
• 1648 para. 1. Action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.

For the application of legal guarantees, you can send us an e-mail to contact@inercy.fr or write to us at the address indicated in article 7.

ARTICLE 10: APPLICABLE LAW AND JURISDICTION

These general conditions of sale are subject to French law. Any dispute will be brought before the courts within the jurisdiction of TRBWATCH 's head office. In the event of a dispute or complaint, the customer will contact TRBWATCH as a priority. to obtain an amicable solution.

ARTICLE 11: PARTIAL NON-VALIDATION

If one or more stipulations of these general conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their validity. strength and scope.

ARTICLE 12: DATA PROCESSING AND FREEDOMS

Information and data concerning the customer are strictly necessary for the management of orders, the execution and monitoring of commercial relations, as well as internal statistics.

The surname, first name and postal address are necessary for sending packages. The email address and phone number make it easy to track orders and easily contact the customer when needed.

This data may be transmitted to the companies involved in these relationships (such as those responsible for the execution of services and orders) for their management, execution, processing and payment. This data is also kept for security, identification, improvement and personalization purposes of the services.

The customer's purchase history is kept in order to provide them with personalized follow-up in the event of questions about their product, its warranty or contact with after-sales service.

Regarding payment information, we only record information relating to the transaction (nature of the payment method, date and time of validation, etc.) but never the credit card identifier, the PayPal ID or other information. When making a purchase, the customer is directly redirected to the secure pages of our banking partner ( Shopify ).

The customer has at any time a right of access, rectification and opposition to personal data concerning him, under the conditions provided for by the law of January 6, 1978.

The customer may receive, from TRBWATCH , offers concerning products or services similar to those already ordered, or newsletters. The user will have the right to object at any time and free of charge, according to the terms specified in each submission.

When a user fills out a form on the TRBWATCH website or subscribes to our newsletter, some of their personal data (surname, first name, email) may be collected and processed. This data is strictly reserved for commercial and informative use.

By sending us their contact details, the user agrees to receive newsletters about our products, our offers and our news.

If a user adds one or more items to their basket, without confirming their order, we may contact them by e-mail to enable them to easily find their basket and finalize their purchase. We do this in order to optimize your experience on our website.

If the user no longer wishes to receive this information, they can unsubscribe at any time using the unsubscribe links included in each of our communications.

The user may also request the deletion or modification of their personal information at any time by contacting Inercy at the following address: contact@inercy.fr

The history of our exchanges is saved in order to provide the user with a quick and personalized response. Navigational information is used for strategic and optimization purposes in order to provide smoother reading and understanding of our website.