General Terms and Conditions of Sale

Article 1 – Scope of Application
These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by SAS Holding Frayssinet (‘the Seller’) with non-professional buyers (‘the Customers’ or ‘the Customer’) wishing to purchase the products offered for sale by the Seller (‘ the Products”) on the website www.frayssinet-joaillier.fr.
In particular, they set out the terms and conditions governing ordering, payment, delivery and the handling of any returns of Products ordered by Customers. The Products offered for sale on the website www.frayssinet-joaillier.fr are as follows: Watches, wedding rings, pendants, bracelets, rings, solitaire rings, earrings, medallions and engagement rings.
The main characteristics of the Products, including in particular the specifications, illustrations and details of the Products’ dimensions or capacity, are set out on the website www.frayssinet-joaillier.fr.
The Customer is required to familiarise themselves with these details before placing any order.
The choice and purchase of a Product is the sole responsibility of the Customer.
The Customer is required to refer to the description of each Product in order to familiarise themselves with its essential properties and characteristics.
Product offers are subject to availability, as specified at the time of placing the order.
The Seller’s contact details are as follows:

SAS HOLDING FRAYSSINET
Siret : 79788451700021
Phone number : +33 (0)4 67 54 75 40

These General Terms and Conditions of Sale apply to the exclusion of all other terms and conditions, and in particular those applicable to in-store sales or sales via other distribution and marketing channels.
These General Terms and Conditions of Sale are available at any time on the website www.frayssinet-joaillier.fr and shall, where applicable, take precedence over any other version or any other conflicting document.
The Customer confirms that they have read and accepted these General Terms and Conditions of Sale by ticking the box provided for this purpose before proceeding with the online ordering process, as well as the general terms and conditions of use for the website www.frayssinet-joaillier.fr.

As these General Terms and Conditions of Sale may be subject to subsequent amendments, the version applicable to the Customer’s purchase is that in force on the website on the date the order is placed.
Unless proven otherwise, the data recorded in the Seller’s computer system shall constitute proof of all transactions concluded with the Customer.
In accordance with the French Data Protection Act of 6 January 1978, the Customer has the right, at any time, to access, rectify and object to the processing of all their personal data by writing, by post and providing proof of their identity, to SAS Holding Frayssinet, 15 passage Lonjon, 34000 Montpellier.
 Confirmation of the order by the Customer constitutes acceptance, without restriction or reservation, of these General Terms and Conditions of Sale.
The Customer acknowledges that they have the legal capacity to enter into a contract and to purchase the Products offered on the website www.frayssinet-joaillier.fr.
In the event of an order to a country other than mainland France, the Customer is the importer of the Product(s) in question.Customs duties, other local taxes, import duties or state taxes may be payable. These shall be borne by and are the sole responsibility of the Customer.
In the event of a sale abroad, it is necessary to ascertain the applicable laws in the relevant countries, to ensure compliance with any restrictions they may impose, and to translate the terms and conditions of sale into the appropriate languages.
Amendments to these General Terms and Conditions of Sale shall be binding on users of the website www.frayssinet-joaillier.fr from the moment they are published online and shall not apply to transactions concluded prior to that date.

Article 2 – Orders
It is the Customer’s responsibility to select the Products they wish to order on the website www.frayssinet-joaillier.fr, in accordance with the following procedure:
•    Click on the ‘Add to basket’ button,
•    View their basket and select the delivery method,
•    Enter their billing and delivery details,
•    Select the payment method and enter payment details,
•    Confirm payment.
The contractual information is presented in French and is confirmed no later than when the Customer confirms the order.
Product offers are valid whilst they remain visible on the website, subject to availability.
The sale shall only be deemed final once the Seller has sent the Buyer confirmation of acceptance of the order by email, and once the Seller has received payment in full of the price and the deposit due.
It is the Customer’s responsibility to check that the order is correct and to report any errors immediately.
Any order placed on the website www.frayssinet-joaillier.fr constitutes the formation of a distance contract between the Customer and the Seller.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute regarding payment for a previous order. The Seller also reserves the right to cancel or refuse any order in the event of a pricing error, in particular if the displayed price differs significantly from the actual price or is almost negligible.
The Customer may track the progress of their order on the website www.frayssinet-joaillier.fr.The Seller does not intend to sell the Products on the website www.frayssinet-joaillier.fr to business customers, but solely to consumers for their personal use.
The Seller therefore reserves the right to refuse orders for the same Product in large quantities comprising more than 5 identical items.
Any changes to the order made by the Customer may only be taken into account by the Seller to the extent possible and provided that the Seller is notified by email at least 2 days before the scheduled dispatch date of the order.
In the event that the Seller is unable to accept such changes, any sums paid by the Customer will be refunded within a maximum of 30 days from notification that the changes requested by the Customer cannot be accepted (unless the Customer prefers to receive a credit note).
In the event of cancellation of the order by the Customer after its acceptance by the Seller less than 2 days before the scheduled date for delivery of the ordered Products, for any reason whatsoever other than the exercise of the right of withdrawal or force majeure, a sum equivalent to 10 per cent of the total purchase price may be payable to the Seller and invoiced to the Customer as damages to compensate for the loss thereby suffered.

Article 3 – Prices
The Products are supplied at the current prices shown on the website www.frayssinet-joaillier.fr at the time the order is registered by the Seller. Prices are quoted in euros, both excluding and including VAT.
The prices take into account any discounts that may be offered by the Seller on the website www.frayssinet-joaillier.fr.These prices are fixed and non-negotiable during their period of validity, as indicated on the website www.frayssinet-joaillier.fr; the Seller reserves the right, outside this period of validity, to amend the prices at any time. They do not include handling, postage, transport and delivery charges, which are invoiced as additional charges, in accordance with the terms set out on the website www.frayssinet-joaillier.fr and calculated prior to the order being placed.
The payment required from the Customer corresponds to the total amount of the purchase, including these charges.
An invoice is issued by the Seller and provided to the Customer upon delivery of the ordered Products.

Article 4 – Terms of payment
The price is payable in full on the day the Customer places the order, via a secure payment method using the following credit cards: Visa, MasterCard. Payment can also be made via PayPal and Apple Pay.
Payment details are transmitted in encrypted form using the SSL protocol.

The Seller also offers payment in cryptocurrency, in partnership with Lyzi.  In the event of payment in cryptocurrency, a 3 per cent conversion fee is applied by our partner Lyzi.

The Seller offers its Customers Alma’s credit service for the settlement of their purchases and the processing of payments. This is subject to the Customer’s acceptance of the Terms and Conditions of Use or the credit agreement offered by Alma.
Any refusal by Alma to grant credit for an order may result in the cancellation of that order.
Any termination of the General Terms and Conditions of Sale binding the Customer and the Seller shall result in the termination of the Terms of Use or the credit agreement between Alma and the Customer.
Payment in two or three instalments is available via our partner Alma. Payment security is ensured by Alma and its service providers. All payments are protected by 3D Secure.

Purchase amount:
Only purchases between €50 and €6,000 are eligible for payment via Alma
Fees: When paying in instalments via Alma, the Customer does not incur any fees.
Alma is a remote payment service provider and issues an electronic certificate which shall serve as proof of the amount and date of the transaction in accordance with the provisions of Articles 1316 et seq. of the Civil Code.
Termination: Any termination of the General Terms and Conditions of Sale binding the Seller and the Customer shall result in the termination of the General Terms and Conditions of Use between Alma and the Customer.

For all claims relating to Alma :  https://support.getalma.eu/

Article 5 – Deliveries
Products ordered by the Customer will be dispatched to mainland France and to European countries within 3 working days of the order being placed. In addition to this preparation time, there is a processing and delivery time to the address provided by the Customer when placing their order on the website www.frayssinet-joaillier.fr.
Delivery is deemed to have taken place upon the transfer to the Customer of physical possession or control of the Product.

Unless there are exceptional circumstances or one or more Products are unavailable, the Products ordered will be delivered in a single consignment.
The Seller undertakes to use its best endeavours to deliver the Products ordered by the Customer within the timeframes specified above. However, these timeframes are provided for guidance only. However, if the Products ordered have not been delivered within 30 days of the indicative delivery date, for any reason other than force majeure or the Customer’s fault, the sale may be rescinded at the Customer’s written request in accordance with the conditions set out in Articles L 216-2, L 216-3 and L 241-4 of the Consumer Code. Any sums paid by the Customer will then be refunded to them no later than fourteen days following the date of termination of the contract, excluding any compensation or deductions.

The Seller also offers free in-store collection at 15 Passage Lonjon, 34000 Montpellier, or 33 rue du Languedoc, 31000 Toulouse.

The Seller advises you to check the Product upon delivery and, should the Product delivered be non-compliant (wrong Product, defective, damaged or incomplete), to lodge a written complaint with the carrier and/or the Seller no later than five (5) days following delivery.

In all cases, the provisions set out in Article 9 on statutory guarantees shall apply.

Products are photographed prior to dispatch in order to prevent any future disputes.

For Products reported as non-compliant within five (5) days of delivery, the Seller allows you to exercise your right of withdrawal and obtain a refund for the Product without having to go through the repair or replacement process, as provided for under the statutory guarantee of conformity.

Article 6 – Transfer of Ownership – Transfer of Risk
Ownership of the Seller’s Products shall pass upon the Seller’s acceptance of the order, thereby confirming the parties’ agreement on the goods and the price, irrespective of the date of payment and delivery.

Article 7 – Right of withdrawal
In accordance with the legal provisions in force, the Customer has a period of fourteen days from receipt of the Product to exercise their right of withdrawal with the Seller, without having to provide any reason or pay any penalty, for the purpose of an exchange or a refund, provided that the Products are returned in their original packaging and in perfect condition within 14 days of notifying the Seller of the Customer’s decision to withdraw.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be resold as new, accompanied by the purchase invoice.
Damaged, soiled or incomplete Products will not be accepted.

The right of withdrawal may be exercised by email or by post, by returning the withdrawal form, in which case the Seller will immediately provide the Customer with an acknowledgement of receipt on a durable medium, or by any other unambiguous statement expressing the intention to withdraw.
If the right of withdrawal is exercised within the aforementioned period, the price of the Product(s) purchased, the delivery charges and the return costs shall be refunded.
The exchange (subject to availability) or refund shall be made within 14 days of the Seller’s receipt of the Products returned by the Customer in accordance with the conditions set out in this article.

Article 8 – Seller’s Liability – Warranty

The Products sold on the website www.frayssinet-joaillier.fr comply with the regulations in force in France and are suitable for non-professional use.

The Products supplied by the Seller are automatically covered, at no extra cost and independently of the right of withdrawal, in accordance with statutory provisions:

- by the statutory guarantee of conformity, for Products that are apparently faulty, damaged or do not correspond to the order,

- the statutory guarantee against hidden defects arising from a fault in material, design or manufacture affecting the products delivered and rendering them unfit for use, under the conditions and in accordance with the terms set out in the annex to these General Terms and Conditions of Sale (Guarantee of Conformity / Guarantee against Hidden Defects).

In order to assert their rights, the Customer must notify the Seller in writing of any non-conformity of the Products within a maximum of 2 years from the date of delivery of the Products, or of the existence of any latent defects within a maximum of 2 years from the date of their discovery.

The Seller shall refund, replace or arrange for the repair of any Products or parts covered by the warranty that are deemed non-compliant or defective.
Postage costs shall be refunded on the basis of the invoiced rate.

Refunds for Products deemed non-compliant or faulty will be issued as soon as possible and no later than 30 days after the Seller has identified the lack of conformity or the hidden defect.
The refund will be made by crediting the Customer’s bank account or by issuing a cheque made payable to the Customer.
The Seller shall not be held liable in the following cases:

-    failure to comply with the legislation of the country to which the products are delivered, which the Customer is responsible for verifying;
-    in the event of misuse, use for commercial purposes, negligence or lack of maintenance on the part of the Customer, as well as in the event of normal wear and tear of the Product, an accident or force majeure.
The Seller’s warranty is, in any event, limited to the replacement or refund of Products that are non-compliant or defective.

Article 9 – Data Protection
Pursuant to Law No. 78-17 of 6 January 1978, it is hereby reiterated that the personal data requested from the Customer is necessary, in particular, for the processing of their order and the issuing of invoices.
This data may be disclosed to any of the Seller’s partners responsible for the fulfilment, processing, management and payment of orders.The processing of information provided via the website www.frayssinet-joaillier.fr has been notified to the CNIL.
In accordance with current national and European regulations, the Customer has a permanent right of access, modification, rectification and objection with regard to information concerning them.
This right may be exercised under the conditions and in accordance with the procedures set out on the website www.frayssinet-joaillier.fr.

You can register free of charge on the BLOCTEL cold-calling opt-out list (www.bloctel.gouv.fr) to ensure you no longer receive cold calls from businesses with which you do not currently have a contractual relationship, in accordance with Article L. 223-2 of the Consumer Code.

Any consumer may register free of charge on this list via the website https://conso.bloctel.fr/index.php/inscription.php.

Article 10 – Intellectual Property

The content of the website www.frayssinet-joaillier.fr is the property of the Seller and its partners and is protected by French and international intellectual property laws.
Any reproduction, in whole or in part, of this content is strictly prohibited and may constitute an offence of copyright infringement.
Furthermore, the Seller retains ownership of all intellectual property rights in the photographs, presentations, studies, drawings, designs, prototypes, etc., produced (even at the Customer’s request) for the purpose of providing the Services to the Customer. The Customer shall therefore refrain from any reproduction or use of the said studies, drawings, models and prototypes, etc., without the express, prior written authorisation of the Seller, who may make such authorisation conditional upon financial consideration.

Article 11 – Applicable law – Language
These General Terms and Conditions of Sale and the transactions arising therefrom are governed by and subject to French law.
These General Terms and Conditions of Sale are drawn up in French. Should they be translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.

Article 12 – Disputes
Any disputes arising from purchase and sale transactions concluded in accordance with these general terms and conditions of sale – whether concerning their validity, interpretation, performance, termination, consequences or repercussions – which cannot be resolved between the seller and the customer shall be referred to the competent courts in accordance with the provisions of ordinary law.

The Customer is informed that, in any event, they may seek recourse to contractual mediation, in particular through the Consumer Mediation Commission (Article L 612-1 of the Consumer Code) or through existing sector-specific mediation bodies, details of which can be found on the website www.frayssinet-joaillier.fr, or any alternative dispute resolution method (such as conciliation) in the event of a dispute.

Article 13 – Pre-contractual information – Customer’s acceptance
The Customer acknowledges that, prior to placing their order and entering into the contract, they were provided, in a legible and comprehensible manner, with these General Terms and Conditions of Sale and all the information listed in Article L 221-5 of the Consumer Code, and in particular the following information:

•    the essential characteristics of the Product, taking into account the means of communication used and the Product in question;
•    the price of the Products and any associated costs (such as delivery);
•    where the contract is not to be performed immediately, the date or timeframe by which the Seller undertakes to deliver the Product;
•    information regarding the Seller’s identity, postal address, telephone number and email address, and their business activities, if these are not apparent from the context;
•    information regarding statutory and contractual guarantees and the procedures for invoking them;
•    the functionalities of the digital content and, where applicable, its interoperability;
•    the option to use contractual mediation in the event of a dispute;
•    information regarding the right of withdrawal (existence, conditions, time limit, how to exercise this right and the standard withdrawal form), the costs of returning the Products, the terms of termination and other important contractual conditions;
•    the accepted methods of payment.

The act of a natural person (or legal entity) placing an order on the website www.frayssinet-joaillier.fr constitutes full and unconditional acceptance of these General Terms and Conditions of Sale and an obligation to pay for the Products ordered; this is expressly acknowledged by the Customer, who waives, in particular, the right to rely on any conflicting document that would be unenforceable against the Seller.

Rolex Section

While navigating on the Rolex section of our website, some cookies are controlled by ROLEX SA which applies the following Cookies Policy.