Version 1.3: 3/11/2020
These General Conditions of Sale "GTC" govern the sale of the "Products" offered on the website https://www.mostra-store.com "the Site" by the company Mostra "the Company", SAS with a capital of 10,000 € registered with the RCS of Aix-en-Provence under number 848 860 671, located Cours Mirabeau at 3 Place Forbin, 13100 Aix en Provence using the MOSTRA brand "the Brand".
The Site offers the online sale of second-hand watches and watch accessories.
By validating his “Order”, the “User” expressly acknowledges having read these T&Cs, which can be downloaded or printed via a dedicated link, as well as more specific descriptions of the Products chosen on the Site.
These T&Cs are up to date as soon as they are published online and cancel and replace any previous version.
Article 1 - Declaration and commitments of the User
Any User declares to have the legal capacity to contract with Mostra SAS, ie to be at least 18 years old, to be legally capable of contracting and not to be under guardianship or curatorship.
Any User also declares to use the site in accordance with these GCV.
The User guarantees the truthfulness and accuracy of the information provided by him on the Site.
Mostra SAS reserves the right at any time not to contract with a User if it turns out that the latter was fraudulently using the Site.
The company Mostra SAS intends here to recall the terms of article 313-1 of the French Penal Code: "The fraud is the fact, either by the use of a false name or a false quality, or by the abuse of a true capacity, either by the use of fraudulent maneuvers to deceive a natural or legal person and to induce him, to his prejudice or to the prejudice of a third party, to hand over funds, securities or any property , to provide a service or to consent to an act operating an obligation or a discharge. Fraud is punishable by five years' imprisonment and a fine of €375,000".
Article 2 – Price
All the prices of the Products presented on the Site are displayed in Euros, all taxes included (VAT and other taxes)1 excluding participation in processing and shipping costs.
1 Concerning second-hand products, the Prices are displayed net of VAT included according to the special margin taxation regime, provided for by article 297A of the special CGI for second-hand Goods.
In its invoices, Mostra SAS does not mention the VAT collected on second-hand products.
In the event of an order to a country other than metropolitan France, the Customer is deemed to be the importer of the product(s) concerned.
Customs duties, other local taxes, import duties or state taxes may be payable. These rights and sums are not the responsibility of Mostra. They will be the responsibility of the Customer and are his full responsibility, both in terms of declaration and payment to the competent authorities and/or bodies of his country.
All orders, whatever their origin, are payable in euros.
Mostra reserves the right to modify its prices at any time, however, the products will be invoiced on the basis of the prices in force at the time of the order validation.
If, despite the Company's best efforts, a price erroneously displayed on the Site or communicated to the User by any other means is clearly derisory or abusively low compared to the objective value of the Product, Mostra SAS may cancel the Order free of charge. nor penalties before delivery. The user may place a new Order depending on availability and according to the conforming price of the product.
Any sums already paid by the customer will be refunded within 24 working hours by re-crediting the bank card for payments made by this method, and by transfer for others.
Article 3 - Customer account
In order to be able to place an order, the Customer is invited to create an account (personal space).
The Customer must register by completing the form provided when creating the account, and undertakes to provide sincere and accurate information concerning his marital status and contact details, in particular his email address. The Customer can modify them at any time by logging into their account. He is responsible for updating the information provided.
To access his personal space and order history, the Customer must identify himself using his strictly personal username and password. As such, the Customer refrains from any disclosure. Otherwise, he will remain solely responsible for the use that will be made of it.
In the event of non-compliance with the general conditions of sale and/or use, the Mostra site will have the possibility of suspending or even closing a customer's account after formal notice sent by electronic means and which has had no effect.
Any event due to a case of force majeure resulting in a malfunction of the site or server and subject to any interruption or modification in the event of maintenance, does not engage the responsibility of the Company.
Article 4 - Orders
The Customer can place an order on www.mostra-store.com.
The contractual information is presented in French and will be the subject of a confirmation containing this contractual information at the latest at the time of delivery of the Order.
The Customer declares to have read and accepted these General Conditions of Sale before placing your order. The validation of his order therefore implies acceptance of these General Conditions of Sale.
Any Customer order confirmed by sending an order confirmation is considered to be firm and definitive, as of its receipt by Mostra SAS.
Mostra SAS reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
The delivery of an Order will only be made upon receipt of full payment by the Company.
Purchase orders and invoices will be archived on a reliable and durable medium constituting a faithful copy. The computerized registers will be considered by the parties as proof of communications, orders, payments and transactions between the parties.
Any Second-Hand Watch sold will be recorded with all of the buyer's personal details and the specific and unique items of the Watch sold in the Company's Police Book legally provided for this purpose. The serial numbers of the watches presented on the site are truncated or masked. They appear on the Police Book and on the invoice issued at the time of purchase.
Mostra prohibits the purchase of Products by a minor. The Company cannot be held responsible in the event that, despite this prohibition, a minor orders a Product.
Article 5 – Products Availability
The availability of the Products is indicated on the Site, in the descriptive sheet of each Product and materialized by the possibility of adding the product to the Basket. In the event of unavailability of a product after placing the order, the Company may only deliver to the Customer another Product of quality and price equivalent to that initially ordered subject to the Customer's express written agreement.
Without this express agreement, Mostra reserves the right to cancel an order already paid in whole or in part and undertakes to reimburse the Customer as soon as possible and by any means the sums it has already paid.
Article 6 - Methods of payment
The Customer can place an order on this Site and make payment by credit card and bank transfer.
All orders are payable in euros.
For payments by credit card
The following credit cards are accepted:
National Blue Card,
Eurocard/Mastercard cards recognizable by their MC hologram.
Payment is made directly via the secure payment solution using SSL (Secure Socket Layer) Mercanet data encryption from BNP Paribas.
To secure Customer collections and reduce the risk of fraud and non-payment, Mercanet implements a control system: 3D Secure, which authenticates the cardholder, supplemented by a set of appropriate anti-fraud controls to the activity of Mostra SAS. As such, for any additional information, we invite you to refer to our Secure payment page by following this link: Secure payment BNP Paribas 3D Secure
Mostra SAS also reserves the right to come back to the Customer at any time after the order (whether it is on sale or not), for requests for additional information and/or supporting documents related to the payment of the order (copy the bearer's identity document, proof of address, etc.).
The User guarantees that he is fully authorized to use the payment card used and that the latter gives access to sufficient funds to cover all the costs necessary for the payment of the order. The commitment to pay, given by means of a payment card, is irrevocable. Payment can only be stopped in the event of loss, theft or fraudulent use of the card. Apart from these cases, which are strictly accepted by the legislator, the cardholder is guilty of bank card fraud.
For products whose total amount is more than €1,000, the User has the option of paying only a deposit (from 10% to 30% depending on the value of the Product). This deposit amount specified at the time of booking must be paid by credit card. In the case of a deposit, the balance of the order must be paid by bank transfer within 3 working days following the payment of the latter.
Mostra reserves the right to cancel the Order if it has not been cleared no later than 7 working days after its validation.
In this case or in the event of cancellation of the Order by the Customer before its total payment, all or part of the deposit paid by the Customer, up to 10% of the sale price of the Product will be retained by the Company as costs cancellation billed to the Customer. Any difference will be refunded by re-crediting the bank card used for payment. An invoice for the cancellation costs will be sent to the customer as soon as possible.
For payments by bank transfer
The delivery times defined in the “Delivery” article of these GCS only begin to run from the date of actual receipt of payment by the Company, the latter being able to provide proof of this by any means.
The Company's bank details for payment by transfer are specified in the summary of the Order before its validation by the Customer, and by email upon confirmation of the Order.
Mostra reserves the right to cancel the Order if it has not been cleared no later than 7 working days after its validation.
In this case or in the event of cancellation of the Order by the Customer before its total payment, all or part of the deposit paid by the Customer, up to 10% of the sale price of the Product will be retained by the Company as costs cancellation billed to the Customer. Any difference will be refunded by bank transfer to the account used for payment. An invoice for the cancellation costs will be sent to the Customer as soon as possible.
Article 7 - Delivery
The products are exclusively delivered in metropolitan France and in the countries of the European Union, to the delivery address that the Customer will indicate during the ordering process.
The average delivery time is 5 working days for metropolitan France and 7 working days for other countries of the European Union.
In the event of delivery by a carrier requiring an appointment to be made with the Customer, the latter will contact the Customer as soon as possible to agree on a delivery appointment. Mostra cannot be held responsible for late delivery due exclusively to the unavailability of the Customer after several appointment proposals by the carrier.
In the event of an Order for several products at the same time, Mostra reserves the right to split shipments. Participation in processing and shipping costs will only be charged for a single shipment.
The customer is reminded that when he (or a third party designated by him) takes physical possession of the Products ordered, the risk of loss or damage to the Products is transferred to him.
If the Customer's package is returned to the Company by post or any other transport provider, Mostra will contact the Customer upon receipt of the return package to ask him what to do with his Order. If the Customer has mistakenly refused the package, he may request it to be returned by first paying the transport costs for the new shipment. Shipping costs must be paid even for orders for which shipping costs were offered when the Order was placed.
In case of late shipment, an email will be sent to the Customer to inform him of any consequences on the delivery time that has been indicated. In case of late delivery, a new delivery time will be proposed.
Any delay in delivery in relation to the date or deadline indicated to the Customer when ordering may result in the resolution of the sale at the Customer's initiative under the conditions provided for in Articles L 216-2, L 216-3 and L241-1 of the Consumer Code. The request must be in writing on his part, sent by registered letter with acknowledgment of receipt if after having ordered the Company to make the delivery, it has not been executed. The Customer will then be reimbursed, at the latest within fourteen (14) days following the date on which the contract was terminated, of all the sums paid. This clause is not intended to apply if the delay in delivery is due to a case of force majeure.
Article 8 - Reception
In the event of reservations about the delivered product (for example: damaged package, already opened, etc.), the Customer must notify them immediately to the carrier and to Mostra. The Customer may refuse a package at the time of delivery if he notices an anomaly concerning the delivery (damage, missing Product compared to the delivery slip, damaged package, broken Products, etc.); any anomaly must then imperatively be indicated by the Customer on the delivery note, in the form of handwritten reservations, accompanied by the Customer's signature. To exercise his right of refusal, the Customer must open the damaged or defective package(s) in the presence of the carrier and have him take back the damaged goods. Failing to comply with these requirements, the Customer will not be able to exercise his right of refusal, and the Company will not be required to accede to the Customer's request to exercise the right of refusal.
Article 9 - Transfer of ownership – Transfer of risks
The transfer of ownership of the products to the Customer only takes effect after full payment of the price by the latter, even after delivery, allowing him to regain possession. Mostra insures the risks of loss and deterioration of the products until the delivery of the said products to the recipient. The transfer of risks is therefore made from the moment the recipient has acknowledged receipt of the products.
Article 10 - Right of withdrawal
Legal deadline for the right of withdrawal
In accordance with the legal provisions in force (article L.221-18 of the Consumer Code), the Customer has a period of 14 days from receipt of the order to exercise his right of withdrawal without having to justify reasons. nor to pay a penalty.
Terms of withdrawal
In the event of exercise of the right of withdrawal within the period referred to above, only the price of the product(s) purchased and the shipping costs will be reimbursed, the return costs remaining the responsibility of the Customer.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be re-marketed in the same condition as when the Order was sent to the Customer. In the event of depreciation of the product resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of the product, the responsibility of the Customer will be engaged. It is understood that the Customer will bear the costs of returning the Product in the event of withdrawal, as well as the cost of carrier and insurance services up to the value of the Product, due to its nature. If all the previous obligations are not carried out, the Customer will lose his right of withdrawal and the Product will be returned to him at his expense.
To exercise his right of withdrawal, in accordance with the legal provisions, the Customer can find attached in the Appendix, the standard form of withdrawal to be sent to Mostra SAS - MOSTRA-STORE - 3 place Forbin, 13100 Aix-en-Provence. Once the form or the declaration of withdrawal has been sent to Mostra SAS at the latest within 14 days of receipt of your order, the Customer must return the Product(s) concerned to Mostra SAS - MOSTRA-STORE - 3 place Forbin, 13100 Aix -in Provence. Once the form or the declaration of withdrawal has been sent to Mostra SAS within a reasonable time and, at the latest, within 14 days from the sending of the form or the declaration of withdrawal to Mostra SAS - MOSTRA-STORE - 3 place Forbin, 13100 Aix-en-Provence.
The request must mention the Order concerned by this withdrawal. If the returned package did not reach the Company, it would not be possible for Mostra SAS to launch an investigation with the postal services or the chosen carrier in order to ask them to locate the latter.
In the event of exercise of the right of withdrawal, Mostra SAS will refund the sums paid no later than 14 days from receipt by Mostra SAS of the returned Product(s) in their original condition. at the time of the Order. Reimbursement of these sums will be made by the same means(s) of payment as that (those) used to pay for the order (unless expressly agreed by the Customer for a reimbursement by another means of payment ).
Article 11 - Warranties
11.1 - Product conformity
In accordance with the provisions of the legal guarantees of conformity and hidden defects, Mostra SAS undertakes to exchange or repair products that appear to be defective or that do not correspond to the Customer's order. The Customer must then contact the Company as soon as possible.
The products must be returned in the state in which the Customer received them with all the elements (accessories, instructions, etc.) in packaging allowing transport in good conditions. Shipping costs will be reimbursed on the basis of the invoiced rate and return costs will be reimbursed on presentation of receipts.
It is recalled that under the legal guarantee of conformity, the consumer has a period of six months from the delivery of the second-hand Product to act to the Company;
In the event of a lack of conformity, the buyer chooses between the repair and the replacement of the good.
However, the Company may not proceed according to the Customer's choice if this choice entails a manifestly disproportionate cost with regard to the other method, taking into account the value of the good or the importance of the defect. He is then required to proceed, unless it is impossible, according to the method not chosen by the buyer, according to article L. 217-9 of the consumer code.
The provisions of this Article do not prevent the Customer from benefiting from the right of withdrawal provided for in Article 10.
11.2 – Product warranty
All our second-hand and collector's watches have undergone a pre-sale authenticity process with passage through our workshops if necessary, details of which are available by referring to our page: purchase guarantee. The purchase invoice gives rise to a two-year guarantee on the operation of our vintage collection watches. This guarantee, which runs from the transfer of ownership, is only exercised in our shop, Mostra-Store (Mostra SAS) will in no case pay an external invoice.
The guarantee of products following a sale applies with regard to suitable storage by the user and normal use of a vintage collector's watch. This use must correspond to the characteristics and limitations of the watch concerned, and as such fulfill the transport and packaging conditions suitable for the travel of products deemed to be “very fragile”.
Mostra-Store will in no case take into account in the guarantee of the products: an accident or manipulation having caused a shock, improper handling, lack of care likely to damage the watch, negligence during the immersion of the watch or its contact with a liquid for non-waterproof watches, exposure to a gas or to temperatures not compatible with the normal operating range of a vintage watch, and to a malfunction due to incorrect re-screwing of the watch crown for waterproof models.
Wear or damage to the battery, bracelet, case, crown, pushers and crystal are not covered by the warranty.
In some cases, Mostra-Store may warrant certain models of vintage watches over a longer period than the product warranty following a sale. In this case, this exceptional guarantee must appear on the purchase invoice of the product and be considered as an extension of guarantee applying only to the duration of the guarantee following a sale.
The warranty does not cover all malfunctions or alterations due to opening the watch, loss of parts, maintenance outside our workshops or replacement of spare parts of the watch. Any modification of the original condition observed by us during the sale will result in the cancellation of the purchase guarantee, as such, a description or a photo of the watch in its original condition observed is available during of the sale of our watches on simple request from you at the time of purchase.
Article 12 - Liability
The products offered comply with the French legislation in force. Mostra SAS cannot be held liable in the event of non-compliance with the legislation of the country where the product is delivered. It is up to the Customer to check with the local authorities the possibilities of importing or using the products he plans to order.
Mostra SAS cannot be held responsible for the non-execution, shortcomings or delays in the execution of any of its obligations which would be due to the occurrence of a case of force majeure, as usually recognized by case law or such as reasonably beyond its control, such as in particular export bans resulting from a government decision, sectoral or national social movements, transport blockages of any kind, computer breakdowns of the Site, bad weather, etc.
Article 13 - Intellectual property
All texts, comments, works, illustrations, works and images reproduced or represented on the Mostra SAS Site are strictly reserved under copyright as well as intellectual property and for the whole world. As such and in accordance with the provisions of the intellectual property code, only use for private use subject to different or even more restrictive provisions of the intellectual property code is authorized. Any reproduction or total or partial representation of the Site or of all or part of the elements found on the Site is strictly prohibited.
The corporate names, trademarks and distinctive signs reproduced on the Site are protected under trademark law. The reproduction or representation of all or part of one of the aforementioned signs is strictly prohibited and must be subject to the prior written authorization of the holder of the Mark.
Article 14 - Applicable law - Disputes - Processing of complaints - Mediation
Applicable right :
This contract is subject to French law. The language of this contract is French. In the event of a dispute, the French courts will have sole jurisdiction.
Claims processing :
For any complaint you can contact the Mostra-Store customer service at the following coordinates:
By email: firstname.lastname@example.org
By phone: +33 (0)126.96.36.199.79
Monday to Saturday 9 a.m. to 6 p.m.
3 place Forbin, Cours Mirabeau
Attribution of jurisdiction :
In the event of difficulty arising when ordering or delivering items sold on the Site, the Customer will first contact Mostra SAS to seek an amicable solution. The Customer has the option of using a conventional mediation procedure or any other alternative method of dispute resolution.
Any dispute resulting from the formation, interpretation or execution of this contract will be the exclusive jurisdiction of the courts within the jurisdiction of Aix en Provence notwithstanding plurality of defendants or warranty claim.
Notwithstanding the foregoing, in the event of a dispute, in accordance with Regulation No. 44/2001 of December 22, 2000:
The Customer can seize either the court of the place where he is domiciled, or the French courts,
Mostra SAS may seize the court of the place where the Customer is domiciled.
Mediation of consumer disputes:
In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, the Customer may in any case resort to conventional mediation, with existing sectoral mediation bodies or any alternative method of dispute resolution in the event of a dispute. In this case, the designated mediator is
Medicys 73 boulevard de Clichy, 75009 Paris
Tel: +33 (0)188.8.131.52.93
Online Dispute Resolution Platform:
In accordance with article 14 of Regulation (EU) n°524/2013, an Online Dispute Resolution platform has been set up by the European Commission, facilitating the independent out-of-court settlement of online disputes between consumers and professionals. of the European Union. This platform is accessible at the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR
Article 15 - Personal data
Annex - Withdrawal form
In case of withdrawal of your order placed on MOSTRA-STORE website, please complete and return this form - except exclusions or limits to the exercise of the right of withdrawal according to the applicable General Conditions of Sale.
For the attention of Mostra SAS – MOSTRA-STORE - 3 place Forbin, 13100 Aix-en-Provence
Or by email by following this link: email@example.com
I hereby notify you of my withdrawal from the contract relating to the sale of the Product below:
Brand: …………………………………………… / Model: ………………………………………………………..
Ordered on …………………………………….. / Received on ……………………………………..
Order number: ……………………………………………………………………………………………..
Method of Payment of the Order: ………………………………………………………..
Date of Payment of the Order: …………………………………………………………
Client name : …………………………………………………………………………………………………………..
Customer's address: ………………………………………………………………………………………………………
Customer's telephone: ………………………………………………………………….
Signature of the Customer (only in the event of notification of this form on paper):
Date : ………………………………………………………………..
Version 1.3: 3/11/2020