Conditions of Sale

These Terms & Conditions apply to pre-orders and sales of Universal Genève watches, and accessories (the “Products”). By placing a pre-order for a Product, you agree to be bound by these Terms & Conditions.

1. Who we are. We are House of Brands France Sàrl (“UG” or “we”), a company registered in France with the commercial register (Registre du Commerce et des Sociétés) under number 400 166 708, with its registered office at 1 rue Sophie Germain, 25000 Besançon, France. You may contact us at contact@universalgeneve.com.

    

2. Pre-Orders. UG may make Products available for pre-order including Products that may not have been manufactured or that are otherwise not available for sale at the present time. The following terms shall apply to pre-orders, deposits and/or down payments: 
   1. To pre-order a Product you will be required to pay a deposit (the “Deposit”). The amount of the Deposit will be specified by UG and will be payable in Euros (EUR) only and subject to applicable French VAT (taxe sur la valeur ajoutée, TVA). You may withdraw from your pre-order at any time prior to the conclusion of a purchase, in which case UG will refund the full Deposit to the original payment method.
   2. By placing a pre-order for a Product and paying the Deposit, you: (i) reserve the Product and your place in UG’s production schedule, and (ii) commit to purchase the Product when it is ready for delivery to you, subject to any cancellation rights expressly set out in these Terms & Conditions.
   3. UG aims to make available pre-ordered Products for sale and collection within 12 months from the date of the pre-order and will regularly update you as to the status of your pre-ordered Product. 
   4. When the pre-ordered Product becomes available for sale to you, UG will contact you by email or phone and arrange for the Product to be made available for sale to you at a location designated by UG in France (the “Designated Location”). UG may, at its sole discretion, arrange for delivery of the Product to an address you have provided. You will be required to Collect the Product at the Designated Location and the sale will occur at such location, unless UG arranges for delivery to you.
   5. The price you will be required to pay for the sale will be UG’s public recommended retail price for the Product in France applicable at the time the Product is made available for sale to you, minus the amount of the Deposit you previously paid. Full payment of such purchase price will be required before you collect the Product or, before the Product is shipped, in the event UG agrees to deliver the Product to an address you have provided.
   6. If the price determined in accordance with section 2.5 is higher than any price estimate or indication that may have been shown to you at the time you placed the pre-order, UG will notify you of the final price before the sale. In such case you may cancel your pre-order and receive a refund of the Deposit to the original payment method. If you do not confirm within 14 days of UG’s notice that you wish to proceed, UG may treat the pre-order as cancelled and will refund the Deposit accordingly.
   7. If either (i) UG agrees to deliver the Product to an address you have provided and you fail to pay the remaining balance of the purchase price within 30 days from UG requesting such payment, or if (ii) UG informs you that the Product is ready for collection and you fail to pay the remaining balance of the purchase price and collect the Product within 180 days from the date UG communicates to you that the Product is available for collection, then in either of these cases UG may cancel the sale by giving you written[H1]  notice and  UG may retain all or part of the Deposit to cover costs and losses incurred by UG as a result of the cancellation.
   8. Products available for pre-order may only be available in limited quantities and for a limited time. You acknowledge that UG may not be able to fulfil your pre-order and may cancel pre-orders at any time prior to the sale of the Product, in particular in case of inability to produce, supply disruption, regulatory constraints or force majeure.
   9. If the pre-order is cancelled by UG, or by you in accordance with these terms and conditions, for example following notification of an increase in the final price as described above in Section 2.6, UG will refund your Deposit to the original payment method within 30 days from the date of cancellation.
   10. Subject to your statutory rights, UG will owe no compensation and will bear no liability as a result of or in connection with any cancellation of a pre-order.

   11. You acknowledge and accept that the entity responsible for concluding the sale and making the Product available for collection may be an affiliate of UG based in France.

        

3. Sale

   1. Payment. Payment of the full price of the Product (minus the amount of any Deposit already paid), including all applicable taxes and any shipping or service charges, is required at the time of the sale. Your purchase will only be deemed accepted upon successful completion of the payment process and confirmation from UG.
   2. Pay by Link. If you are offered the option to pay by link, you will receive a payment link to complete your purchase. The Pay by Link option is provided by Adyen, our appointed payment service provider. By clicking the link, you will be redirected to a payment page where you may finalize your purchase using any of the available payment methods. You may be required to accept Terms & Conditions of Sale and review our Privacy Policy before completing payment. 
   3. Completion of Sale. (a) Where you pay for and collect the Product in store, the sale is complete in-store upon receipt of full payment and your collection of the Product, and UG will provide you with an invoice at that time. Once you have paid in full and collected the Product in store, the sale is final and no withdrawal right applies. (b) Where UG agrees to ship the Product to an address you have provided, the sale is complete upon receipt of full payment and UG handing over the Product to the carrier for shipping to the address you have provided. In such case you will have the right to withdraw from the purchase and cancel the contract with us within fourteen (14) days, in accordance with the terms of section 4.
   4. Passage of Risk. (a) Where you pay for and collect the Product in store, risk of loss or damage passes to you at the point of collection. (b) Where UG agrees to ship the Product to an address you have provided, risk of loss or damage passes to you upon delivery of the Product to your address. Until the applicable point of risk transfer, the Product remains at UG’s risk. If the Product is damaged or defective upon receipt, you must notify us in writing without undue delay.
   5. Personalization. Where engraving or other personalization is requested, you are responsible for ensuring that all specifications and details are complete and accurate at the time such engraving or personalization is ordered. Once confirmed, changes may not be possible.

4. Right to Cancel the Contract. 
   1. Your right to cancel. If you agree to have the Product delivered to your address, you have the right to cancel your purchase, without giving any reason, within fourteen (14) days from the day on which you acquire, or your nominated recipient (other than the Logistics Provider) acquires, physical possession of the UG Product. If more than one item is ordered under the same contract, then the cancellation period ends at the end of fourteen (14) days from the day on which the last of the UG Products comes into your, or your nominated recipient’s, possession. To exercise such a right, you must follow the rules described in clauses 4.2, 4.3 and 5 below. A cancellation form is provided under clause 4.4. Exceptions to the right to cancel your contract are regulated in clause 4.5.
   2. Exercise of the Right to Cancel the Contract. To exercise your right to cancel your contract with UG, you must send us a clear written statement (e.g. a letter sent by post to House of Brands France Sàrl, 1 rue Sophie Germain, 25000 Besançon, France, or email to: contact@universalgeneve.com) informing us about your decision to cancel your contract. For this purpose, you may use the form indicated in clause 4.4, but this is not mandatory. Alternatively, you may contact our Concierge Service. Once your request is received by UG, you will receive an email confirming your statement of withdrawal.
   3. Your obligation to return the Product, If you decide to exercise your right to cancel the contract, you must return or hand over the UG Product to us immediately and without undue delay, and in any event, no later than fourteen (14) days from the date on which you notify us of your decision to cancel the contract, in accordance with the instructions provided to you by UG. This period shall be deemed to have been observed if you dispatch the UG Product before the expiry of the fourteen (14) days return period. Any return of your UG Product must be in accordance with the rules of section 5.
   4. Model Withdrawal Form. (Complete and return this form only if you wish to withdraw from your contract.) 

• To House of Brands France Sàrl, 1 rue Sophie Germain, 25000 Besançon, France, email: contact@universalgeneve.com.
• Hereby I/we (*) give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods (*). 
• Ordered on (*) / received on (*).
• Customer name(s). 
• Customer address(es). 
• Customer signature (only required for paper forms). 

• Date. 

  (*) Delete where inapplicable.

  1. Exceptions to the Right of Withdrawal. The right to cancel your contract does not apply if you complete the purchase of a Product in-store and it does not apply to the delivery of goods that are tailored to the personal needs of the Customer, in particular UG Products that have been customized or adjusted to fit your needs or have been engraved at your request. 

5. Returns. Subject to your statutory rights, UG does not offer refunds, credits or exchanges for any reason except as specified in these Terms & Conditions of Sale. The requirements below do not seek to exclude or replace your consumer guarantee rights under applicable consumer law. If you need to return your purchased UG Product(s) to exercise your right to cancel, or if the products do not conform to these Conditions of Sale (including any defective or damaged UG Product), you must follow the return rules and requirements described in this clause 5 (“Return Rules”).

   1. Notify the UG Concierge Service that you wish to return your UG Product, providing the reason for the return (i.e., right to cancel or a defective UG Product). You may be asked to provide a picture of the product and must provide proof of purchase.
   2. The Concierge Service will verify your purchase and check whether the notification of return is being made within the fourteen (14) days return period, starting from the delivery date, in the case of a right-to-cancel return.
   3. For right-to-cancel returns, only UG Products that are unused, undamaged, unaltered, in untarnished condition, and that have not been worn may be returned. You must return the UG Product (including any accessories such as metal bracelets, gifts, tags, warranty cards, the UG Product manual, and any gifts provided with purchase) in its original box and packaging. We reserve the right to refuse your right-to-cancel return if any of these conditions are not met or the accessories included with your UG Product are not returned in full. You are permitted to handle the Product to the extent necessary to inspect it in accordance with applicable law.
   4. You should not remove any protective film and tags before trying on the UG Product, as this may affect your right to cancel. If you buy a leather or rubber strap, please avoid wearing it or inserting the watch pin into the strap until you are certain you want to keep it, as returns will not be accepted if the UG Product shows any signs of wear, unless the UG Product fails to meet a consumer guarantee under applicable consumer law.
   5. UG Products that are customized or engraved, or watch straps that have been cut or adjusted to fit your wrist, are not eligible for right-to-cancel returns but can be returned if the product fails to meet a consumer guarantee under applicable consumer law.
   6. For right-to-cancel returns, you must seal the delivery package carefully with additional adhesive tape if necessary and label the package with the return label generated and sent via email by the Concierge Service.
   7. The Concierge Service will organise a pick-up of the UG Product being returned from your address through UG’s Logistics Provider. Provided you use the return label provided by UG and our Logistics Provider, UG shall pay the cost of the return of the UG Product to UG and shall insure it during transit. Otherwise, UG is under no obligation to maintain insurance and the shipment of any UG Product will be at the sole risk and responsibility of the Customer.
   8. Upon receiving the returned UG Product at its returns centre, UG will confirm receipt via email. UG will conduct a quality control check on right-to-cancel returns to ensure the returned UG Product satisfies the conditions of the Return Rules. If the returned UG Product does not meet UG’s quality control standards or the Return Rules, UG may refuse the return and will ship the product back to you at your original address. Alternatively, for right-to-cancel returns, UG reserves the right to deduct from any refund an amount to reflect the reduction in value of the UG Product resulting from damage caused by you or excessive handling by you beyond what is necessary. UG will pay the cost of shipping the UG Product back to you and will insure it during transit.
   9. For right-to-cancel returns, if the returned UG Product satisfies the quality control or if UG determines that there has been a breach of a consumer guarantee under applicable law, and the Return Rules are followed, then UG will proceed with the applicable refund to your original payment method and/or provide an appropriate remedy under the applicable consumer law, as applicable. The refund, if applicable, will include a refund of the shipping costs that you originally paid to us, unless you paid for an enhanced delivery service, in which case you are only entitled to a refund of the costs of standard delivery. UG shall keep you informed by email.
   10. You must keep proof of return shipment to UG, as UG accepts no liability if such proof cannot be provided. Refunds for right-to-cancel returns are eligible only for products returned to UG’s returns centre.
   11. For right-to-cancel returns, only the original purchasing Customer is entitled to a refund. Gift recipients will not be eligible for a refund. UG will make reasonable efforts to credit the refund to the Customer’s payment method no later than fourteen (14) days after receiving the returned item at UG’s returns centre.

    

6. Warranty. UG Products are covered by the Universal Genève International Warranty. The Universal Genève International Warranty covers manufacturing defects for a period of two (2) years from the date of the sale. The terms of the Universal Genève International Warranty will be made available at the time of sale or at www.universalgeneve.com. The warranty does not cover routine servicing, theft, loss, normal wear and tear or ageing, damage resulting from mishandling (e.g. shock or drop), improper use, tampering or water resistance issues. The Universal Genève International Warranty is in addition to, and does not affect, your statutory rights under French consumer law,.

   In addition to the Universal Genève International warranty, you benefit from the following statutory guarantees under French law:

   (a) Garantie légale de conformité (Legal Guarantee of Conformity): Under Articles L.217-1 to L.217-32 of the French Consumer Code, you may request repair or replacement of a non-conforming Product within two (2) years from delivery. If repair or replacement is impossible or disproportionate, you may obtain a price reduction or a full refund. You are not required to prove the existence of the defect during this period.

   (b) Garantie des vices cachés (Guarantee against Hidden Defects): Under Articles 1641 to 1649 of the French Civil Code, you may return the Product or obtain a price reduction if the Product has a hidden defect that renders it unfit for its intended use or significantly diminishes its value. This action must be brought within two (2) years from the discovery of the defect.

    

7. Product-Specific Terms. Certain Products may be subject to additional terms and usage instructions, including safety and maintenance guidelines. These will be made available at the point of sale, on the www.universalgeneve.com website or in the user manual or documentation provided with the Product. You are responsible for reviewing such materials before use. 

    

8. Privacy Policy. Your personal data will be processed in accordance with our Privacy Policy, available at: https://www.universalgeneve.com/privacy-policy.

    

9. Limitation of Liability. Notwithstanding anything else in these Terms & Conditions of Sale, certain laws and regulations may impose consumer guarantees, imply warranties or conditions, or impose obligations upon us, which cannot be excluded, limited or modified. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. In particular, nothing in these Terms & Conditions of Sale shall exclude or limit our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation (dol), or for breach of your statutory rights under the French Consumer Code (Code de la consommation), including the legal guarantee of conformity and the guarantee against hidden defects. Subject to the above and to mandatory provisions of French law: (a) we are liable, irrespective of the legal grounds, within the scope of fault-based liability, for wilful intent ) faute intentionnelle(and gross negligence (faute lourde); in the event of simple negligence (faute simple), we shall only be liable for damages arising from death, personal injury, and from the breach by UG of a material contractual obligation upon which you rely for the proper performance of the contract, and our liability for simple negligence is limited to compensation for the foreseeable, typically occurring damage in accordance with Article 1231-3 of the French Civil Code; (b) without limiting the scope of these Terms & Conditions of Sale, no claim whatsoever concerning delivered Products, the non-delivery of Products or any other claim may exceed the amount of the purchase price of the Products which led to a claim for damages, except in cases of wilful intent or gross negligence by UG. You also acknowledge and agree that the Products are supplied for domestic and personal use only. Accordingly, we shall not be liable for any loss of profit, loss of revenue, loss of anticipated savings, loss of opportunity, loss of business, or any indirect or consequential loss arising from the use of the Products for any commercial, business, or resale purposes.

    

10. Governing Law and Dispute Resolution. These Terms & Conditions of Sale are governed by and construed in accordance with the laws of France. These Terms & Conditions of Sale shall not be subject to the United Nations Convention on Contracts for the International Sale of Goods. This choice of law will not deprive you, acting as a consumer, of the protection afforded to you by provisions that cannot be derogated from by agreement under the laws of your place of residence, including the mandatory provisions of the French Consumer Code (Code de la consommation). You may bring proceedings against us in the competent courts of France, in accordance with Article R.631-3 of the French Consumer Code. We may bring proceedings against you in the courts of the country where you are domiciled.

11. Consumer Mediation. In accordance with Articles L.612-1 et seq. of the French Consumer Code (Code de la consommation), in the event of a dispute that has not been resolved by direct complaint to our customer service, you have the right to refer the matter to the Centre de mediation et d’Arbitrage de Paris (CMAP), which contact details are the following: Centre de mediation et d’Arbitrage de Paris, 39 avenue Franklin Roosevelt, 75008, Paris; website: www.mediateur-conso.cmap.fr; email: consommation@cmap.fr; and telephone number: +33 1 44 95 11 40. After a prior written request from the Customer to Breitling, the mediation service may be seized for any consumer dispute which would not have been solved. For more information as to the modalities to request the support of the consumer mediator, please visit: www.mediateur-conso.cmap.fr.   You may also submit your complaint via the European Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.