Conditions of Sale

CONDITIONS OF SALE

E-SHOP

& XRby CUSTOMER RELATIONS CENTER

Last update: October 2020

About XRby and these Terms of Sale

These Terms of Sale apply to all sales of XRby products or services that you may order from our Sales Entity (as defined below), on the http://www.xrby.art website and via any associated mobile or digital applications that reference these Terms of Sale (collectively, the “Platforms”) or by telephone via our customer relationship center (the “Customer Relations Center”).

Please read these Terms of Sale carefully. These Terms of Sale apply to all orders placed through the Platforms or the Customer Relations Center (collectively, the “Sales Channels”). Please note that before ordering products or services, you will be asked to accept these Terms of Sale. If you do not accept these Terms of Sale, you will not be able to order any products or services through the Sales Channels. Sales made through third parties (such as authorized resellers) are not subject to these Terms of Sale.

Updates to these Terms of Sale

We may change these Terms and Conditions of Sale at any time. Therefore, please check them regularly for updates. The latest version of these Terms and Conditions of Sale will always be available on the Platforms. Any new version of these Terms and Conditions of Sale will be effective immediately upon the date of publication and will govern all orders for products or services placed from that date. Any changes made to the Terms of Sale after you have placed an order will not affect your order or your relationship with us, unless required by applicable law.

Conditions for purchase


Only natural persons (and not legal entities) who (a) have reached the age of legal majority required to enter into contracts (eighteen years in most countries); (b) have the legal capacity to enter into contracts; and (c) use a shipping address in the country or countries we serve, may order products through the Sales Channels. If you are under the age of legal majority or for any other reason do not have the legal capacity to contract, one of your parents or guardian will need to place your order on your behalf and will be asked to accept these Terms of Sale.
By placing an order through the Sales Channels, you represent and warrant that you are a bona fide customer and end user making a purchase for your own use or the personal use of a third party, and that you will not deliver, sell or otherwise distribute our products, or purchase our products or services for commercial purposes.


Product Availability and Quantity


All orders placed through the Sales Channels are subject to availability and our acceptance of such orders. The products presented on the Platforms, which cannot be added to the basket, are not available for sale on the Platforms. The Customer Relations Centre can provide more information about these products. For information regarding the ordering process, please refer to our article Order Process below.
Quantity limits may apply to orders of certain products. We reserve the right to refuse at any time, without notice, orders exceeding a certain number of authorized products.


Account registration and validation of visitor purchases

When you place an order as a visitor, we can still create an account in our internal systems to record your purchase(s).


Personalized Services


Customization services (for example, engraving or embossing) or other services may be offered on a selection of products. If you wish to have your product customized, please provide the information requested in the Sales Channels.
We reserve the right to withhold or refuse acceptance of any order for products that are personalized or accompanied by a message card that contains unacceptable, illegal or contrary to our policies. It is your responsibility to ensure the accuracy of any information you provide regarding the products to be customized.
In addition, orders for personalized products are not cancellable and products that have been customized in any way may not be returned to us for exchange or refund as described in these Terms of Sale. This clause does not affect your rights as a consumer (please refer to the Manufacturer’s Warranty and your legal rights as a consumer for more information).


Order Process


The Platform ordering process will include the following steps:
– Validation of Visitor/My Account purchases : When you are ready, you will then proceed to “Order”, either as a visitor or through your registered account.
– Placing an Order: You place your order.
– Receipt by email of a purchase order and a Pro Forma invoice, verification and payment: You verify the details of your order and your personal information (including email address, shipping address, billing address and payment details). You must carefully check and confirm all details appearing on the order documents and then make the requested transfer within 7 days.
We reserve the right, in our sole discretion, to refuse, cancel or terminate orders at any time on reasonable grounds. For example, we may refuse, cancel or terminate your order if there is an outstanding dispute regarding payment for a previous order or if we suspect, in our sole discretion, (i) fraudulent activity; or (ii) any other kind of violation of these Terms of Sale.
Prices, Taxes and Delivery Charges
Unless otherwise stated, all prices indicated on the product pages of the Platforms or indicated by the Customer Relationship Center include sales tax/VAT, for countries belonging to the European Union including delivery costs, but exclude sales tax and all other taxes for countries outside the European Union, however delivery costs are included.
The applicable currency is the Euro regardless of

Prices, taxes and shipping costs

Unless otherwise stated, all prices indicated on the product pages of the Platforms or indicated by the Customer Relationship Center include sales tax/VAT, for countries belonging to the European Union including delivery costs, but exclude sales tax and all other taxes for countries outside the European Union, however delivery costs are included.

The applicable currency is the Euro regardless of the country of delivery.

Sales taxes or use taxes will vary according to the place of delivery of the products.

We reserve the right to change prices without notice.

We ensure that the prices of the products are correct at the time the relevant information was entered into the system or communicated to you via the Customer Relations Centre. However, despite our reasonable efforts, it is always possible that the price of some of the products offered through our Sales Channels may not be accurate. If the price of any of the products you order is incorrect, we will contact you as soon as possible to inform you of the error. If we are unable to contact you using the contact details you provided during the ordering process, we will cancel the order and inform you in writing. If we accept your order in error and process it while an error occurs in the prices listed, we may cancel the supply of the product and refund any money paid by you.

Please note that changes in applicable law between the date you place your order and the date we receive a written Order and Shipping Confirmation may change the taxes associated with your order. If the resulting change results in an increase in the taxes charged to you, we will contact you and ask you to reconfirm your order.

Payment

We accept all bank transfers in payment of orders at our sole discretion. We do not charge a commission for bank transfers for orders placed through the Sales Channels or the Customer Relationship Center. However, some banks may charge bank transfer fees. We require that all orders paid by wire transfer and placed by telephone be confirmed through an order approval process. We may acknowledge receipt of an order paid by wire transfer, but the order will not be processed until payment is received and we have confirmed its receipt by e-mail. If your bank transfer is not credited to our bank account within seven (7) days of placing your order, your order will be cancelled.

Prepayment 50% of the order: We ask that you prepay 50% of your products. The total amount of your purchase will be charged immediately upon placing your order.

However, prepayment does not affect your legal rights under these terms and conditions of sale (including, for example, any right of withdrawal and/or refund). If we are unable to meet our shipping and/or delivery obligations as described below, we will notify you by email and refund the prepayment without undue delay.

Acknowledgement of order receipt

The present Terms of Sale will be given to you as soon as we acknowledge receipt of your order.

Shipping Policy

We only accept orders for delivery to the country(ies) identified during the Order Process. Please note that we do not ship to certain addresses, such as military zones, restricted areas, collection points or post office boxes.

Order and shipping confirmation

We will send you a written Order and Shipping Confirmation (by e-mail or otherwise) when we ship your order. This Order and Shipping Confirmation constitutes acceptance of your order by us, indicating the existence of a binding contract of sale.

Delivery

We will use reasonable efforts to ensure that delivery is made by the carrier within the estimated delivery time from the date of our written Order and Shipping Confirmation, and in any event within thirty (30) days of that date, except if your purchase is for a product or service that will require additional time for delivery as we have explained to you, such as products or services that we customize or manufacture according to your instructions.

When placing an order through the Sales Channels, you have the possibility to choose a particular delivery date offered on the Sales Channels. Such particular delivery date is subject to our confirmation.

If the delivery of products is delayed by an event beyond our control, we will inform you as soon as possible and use all reasonable efforts to minimise the consequences of the delay. If we do not deliver within thirty (30) days from the date of the written Order and Shipping Confirmation or such other period as we specify, you may contact the Customer Relations Centre to cancel the relevant order and obtain a refund of any monies you have paid us in advance for any products you have not received.

In all cases, your right to cancel an order and receive a refund of any deposit you have paid to us for any products you have not received is your sole remedy if we fail to deliver the order in question.

When assessing your delivery time, please take into account the time required for payment approval, address verification, security checks and order processing. Please note that delivery is always subject to receipt of your full payment.

We will require a handwritten or electronic signature from you, or from any person at the delivery address provided (unless you make other arrangements), to confirm delivery of each product, after which the risk and responsibility for the products you have purchased is transferred to you. If you have specified a recipient other than you for delivery (for example, a gift), you understand and agree that a signature of such recipient (or a person at the delivery address) constitutes proof of delivery and acknowledgement of the contract of sale by XRby, implying a transfer of responsibility to the recipient’s address as if the product had been delivered to you. For certain product categories, we reserve the right to deliver 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 .

Invoices

After ordering products through the Sales Channels, you will receive an invoice which will be sent to you in writing (to your e-mail address as a PDF attachment or otherwise).

Returns and Exchanges

(a) Right of cancellation

You have the right to cancel the contract created by our written order confirmation without giving any reason fourteen (14) days from the date on which you acquire, or any person you name (other than the carrier) acquires physical possession of the products in your order. If you are a customer located in the European Union or the European Economic Area and you have made a purchase through the Sales Channels, this should be considered your legal right of withdrawal. In order to comply with the withdrawal period, it is sufficient to withdraw before the expiry of this period.

To cancel the contract and return your product(s), you can contact our Customer Relations Centre and follow the instructions given to you, or you can send us an unequivocal written statement, such as a letter or an e-mail, to XRby, 10 rue Alexis Chopard, FR-25000, Besançon, France. or contact@xrby.art.

(b) Return Process

Products purchased through the Sales Channels can only be returned to the distribution center of our e-shop at the address 10 rue Alexis Chopard FR-25000 Besançon.

To return a product to the distribution center of our e-shop, you must follow the steps mentioned below:

(i) Call the Customer Relations Center.

(ii) The Customer Relations Center will send you a return form by e-mail or ask you to fill out the return form attached to the delivery of your product;

(iv) Please fill in the information requested on the return form and sign it.

(v) You must include in the packaging the return form completed with the product and all its accessories, the free items you received as part of your order, the Service Guide, the Warranty Card and all other documents, in their original boxes;

(vi) Please reseal the package and affix the prepaid waybill received with your purchase; and

(vii) On the agreed date, our logistics partner will collect the closed package. You can also choose the drop-off service at one of our logistics partner’s network sites, where you will be given a receipt with a return tracking number, which you should keep until a refund confirmation of the order is sent to you by e-mail.

You must retain proof of return shipment, and we will not be responsible if you are unable to provide such proof. Only merchandise received by the distribution center of our XRby e-shop will be eligible for a refund or exchange.

(c) Return Policy

We will verify that the returned product meets the conditions of the Returns and Exchange Policy and, if so, we will proceed with the applicable refund or exchange.

Our products must be returned in new and undamaged condition, in perfect condition, with all protective materials in place and accompanied by the labels and stickers affixed to them (if applicable), as well as the original XRby box and packaging, including all accessories and documents. For example, watch straps that have been adjusted to your request must be returned with exactly the same number of links as in the original packaging. We reserve the right not to accept any returns if the product shows signs of wear and tear, or has been used or altered from its original condition in any way, or we may reduce the amount of any applicable refund or exchange accordingly.

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

All returns will be subject by us to a rigorous Quality Control (“QC”) process to ensure that the returned products comply with these quality requirements. If the products do not meet the QC standards, we will refuse the return and the products will be returned to you. If the returned product meets QC standards, we will proceed with the applicable refund or exchange.

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

(d) Non-Exchangeable and Non-Refundable Products

Orders for products that have been somehow customized for you cannot be cancelled and such products cannot be returned to us for exchange or refund. This includes products that have been engraved or embossed.

(e) Repayments

You may return a product purchased through the Sales Channels for a refund, provided that the return complies with these Terms and Conditions of Sale, in particular (a) the Right of Cancellation and (b) the Return Process above.

Only the purchaser shall be entitled to receive a refund of the purchase price. A person who has received the Product as a gift (i.e. the “Gift Recipient”) will not be entitled to receive a refund under any circumstances. If you are the Gift Recipient and wish to return a product, please contact the Customer Relationship Center to discuss your options.

If the return is in accordance with these Terms and Conditions of Sale, we will use reasonable efforts to refund the purchase price to the purchaser using the same method of payment the purchaser used to complete the original transaction within fourteen (14) days of receipt of the returned product by the XRby e-Store Distribution Center. The initial shipping charges will be refunded, unless you initially chose a non-standard delivery, in which case the additional charges will not be refunded.

(f) Exchanges

You cannot exchange a product purchased through the Sales Channels.

Manufacturer’s warranty and your legal rights as a consumer

We are committed to ensuring that each product is in strict compliance with our quality criteria and that it has passed all our controls, both technical and aesthetic.

Selected products are covered by the applicable XRby Warranty. If you would like to repair a product covered by the applicable XRby Warranty, please refer to the applicable XRby Warranty and call our Customer Care Center for more information.

As a consumer, you may have legal rights under applicable laws governing the sale of consumer goods; these rights are not affected by these Terms and Conditions or the applicable XRby Warranty.

Free Services

The following services can be offered free of charge through the Sales Channels :

(a) Gift wrap and wrapping

All orders will be shipped with the XRby gift box in the special XRby packaging.

(b) Engravings/embossing

Engraving and embossing may be available on specific products, and offered only on business transactions made through the Customer Relationship Center.

If you would like to have an XRby product engraved or embossed, please provide the data to the Customer Relationship Center.

XRby reserves the right to charge for certain engraving/embossing services in the event that such services are complex.

Orders for custom XRby products are not cancellable and custom XRby products cannot be returned to XRby for exchange or refund.

(c) Wristband Exchange/Adjustment

An Xrby watchband is delivered in standard size. The size of the bracelet can be shortened or enlarged, or on request, by contacting the Customer Relations Center. The XRby watchband is also adjustable on some watch models. If you request an adjustment of the watchband, the removed links will be returned to you and included in the packaging .

Repairs

For any repair request relating to a product ordered through the Sales Channels, please contact us at the following email address: contact@xrby.art.

Description of the products

We make every effort to ensure that the information, including product descriptions, dimensions and colors, provided on the Platforms, in advertisements or in catalogs or communicated by the Customer Relations Center, is accurate and complete. However, we make no warranty, express or implied, as to the accuracy, reliability or completeness of such information. In particular, any description and information concerning the weight of precious metals and the number of stones and carats are provided as an indication only and may vary slightly.

Limitation of liability

To the fullest extent permitted by applicable law, we disclaim and exclude all other terms, conditions and warranties relating to the Products and Sales Channels, whether express or implied or otherwise, or arising from any prior transaction, usage or trade practice.

Nothing in these Terms and Conditions of Sale limits or excludes our liability for liabilities that cannot be limited or excluded by applicable law. Subject to the preceding sentence, our total liability to you under these Terms of Sale in respect of any order, whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages, shall in no event exceed one hundred percent (100%) of the price of the product(s) in your order.

Please note that in some countries, consumer protection laws may not provide for certain exclusions or limitations of warranties or liabilities, and therefore, some of the above exclusions and limitations may not apply.

General Provisions

If any provision, or part of any provision, of these Terms of Sale is held to be unlawful, void or unenforceable, such provision or part shall be deemed not to form part of these Terms of Sale, and the legality, validity or enforceability of the remaining provisions of these Terms of Sale shall not be affected thereby, unless otherwise required by applicable law.

These Terms of Sale (and the related terms incorporated by reference) constitute the entire agreement between you and us with respect to the order of goods or services, and supersede all prior agreements, draft agreements, understandings, undertakings or collateral agreements of any kind entered into by the parties, whether oral or written, with respect to such subject matter.

We disclaim all liability for non-performance or delay in performance or failure to comply with our obligations under these Terms and Conditions of Sale arising from any cause beyond our control.

Our waiver of any breach of any provision of these Terms of Sale shall not be construed as a waiver of any other or subsequent breach.

This Agreement is between you and us. No other person shall have the right to enforce any of its terms. However, if you purchase a product as a gift, the recipient of your gift will benefit from the applicable XRby Warranty.

Applicable Law and Jurisdiction

These Terms and Conditions of Sale shall be governed by and construed in accordance with the law of the country where the registered office of the Sales Entity is registered. The Sales Entity has its registered office, without reference to any conflict of law provisions (“Applicable Laws”). Any dispute, controversy or claim arising out of or relating to the Terms of Sale, including the validity, invalidity, breach or termination of the Terms of Sale, shall be adjudicated or submitted to arbitration in accordance with the Terms of Sale. If the applicable law is different from the consumer law of your country, we will grant you similar protection.

You may bring proceedings against us either before the courts of Besançon or in the country where you are domiciled. We may also bring proceedings against you in the courts of the country where you are domiciled.

Without limitation to bringing any action in a court of the country in which the registered office of the Sales Entity is located, you and XRby will use reasonable efforts for a period of thirty (30) days to settle any dispute or disagreement arising out of or relating to the Product, the Terms and Conditions of Sale or any breach thereof.

If you are a consumer residing in the European Union, you have the right to submit your complaint to an Alternative Dispute Resolution Institution. For a list of ADR institutions in your country, you can consult the European Commission’s Online Dispute Resolution platform at http://ec.europa.eu/consumers/odr/Entire Agreement.

Contact us for more information

If you have any questions or comments regarding these Terms of Sale, or general issues, please contact us at the address below.

XRby Customer Relations Center

10 rue Alexis Chopard

25000 Besançon – France

+33 616 092 912