TERMS OF SALE – SYE [Start Your Engine]

Created March 2020

ARTICLE 1 – ABOUT THE SYEWATCHES.COM WEBSITE

The website www.syewatches.com (hereinafter the “Website”) has been created by RED EARL (hereinafter “SYE” or “We”), a simplified joint stock company with capital of 31,000 Euros, registered with the Trade and Company Register of Versailles under number 848 943 924 and whose registered office is at 26 rue du Moulin, 78420 Carrières-sur-Seine, France.

The Terms of Sale (TOS) apply to all use of the Website and all orders made by means of the Website. They are available to Users at any time by means of the Website.

Users are deemed to have read and understood the TOS and accept via this document as being bound by them. The TOS take precedence over all other contractual documents sent by the Users.

SYE reserves the right, at its sole discretion, to amend the TOS at any time by publishing a notice on the Website or by sending out a notice to Users by email. Users are responsible for re-reading the amended TOS and must familiarise themselves with these amendments. All views of the Website or any orders at a later date than such a notification of changes to the TOS are deemed to be acceptance of the new TOS by the User.

The TOS have been drawn up in French. The French version shall take precedence over any later translation.

ARTICLE 2 – CUSTOMERS

The sale of our products online is exclusively reserved to persons aged at least 18, who have legal capacity, are buying Products for their own use and not indulging in any resale or distribution activities of the Products. These terms are cumulative.

ARTICLE 3 – ACCESS AND USE OF THE WEBSITE

The customer shall deal personally with the implementation of those digital means and telecommunications allowing access to the Website. He is to bear the costs of telecommunications while gaining access to the internet and using the Website. He undertakes to use the website in observance of all the applicable regulations. In particular, he is to refrain from harming or causing to harm the functioning of the website, our servers or our systems in any way.

The Terms of Use of the website are provided in complete detail at https://www.syewatches.com/pages/terms-of-use

ARTICLE 4 – INTELLECTUAL PROPERTY

The entire content appearing on the Website is and shall remain the exclusive property of SYE and/or its partners and/or third parties and is likely to be protected under intellectual property rights. Except with the express authorisation of the holders of rights relating to such content, users are under no circumstances authorised to reproduce, depict or exploit them commercially in any way possible.

SYE, Start Your Engine, RED EARL and Fastback, as well as the various logos used on the Website, are brands registered by SYE, whose reproduction without the prior authorisation by SYE would constitute counterfeiting.

Any commercial exploitation, even in part, of the Website is prohibited.

ARTICLE 5 – PRODUCT CHARACTERISTICS - AVAILABILITY

Offers presented on the Website are valid up to the limit of available stock and the production capacity of Products. If a product is not in stock, it is clearly indicated on the purchase button that it is possible to pre-order it. The estimated date of delivery is also indicated. We reserve the right to withdraw any Products for sale at any time. Photographs, drawings, presentation videos, diagrams or plans illustrating the Products are only of an indicative nature and do not enter into the contractual scope. Certain similar dimensions, weights and descriptions are approximate and are provided for your convenience only. While we strive to display the colours of products faithfully, the colour which can be seen on the Website depends particularly on the screen being used and cannot be exact.

In accordance with article L.111-1 of the Consumer Code, the customer may, prior to ordering, take note of the main characteristics and availability for ordering of the Product(s) from the Website or by email to hello (at) syewatches (dot) com. It is his sole responsibility which Product(s) are being ordered, particularly in accordance with his needs, quantities and colours of choice.

In the event of opting for customisation of the Product, it is the customer’s responsibility to check the accuracy of the information sent for that purpose. We cannot be held responsible for errors in the customisation of the Product, which is excluded from the terms of the conformity guarantee.

We strive to communicate information on the availability of Products in real time. In the event of ordered Products being unavailable, we shall inform the customer of such at the first opportunity and offer a Product of equivalent quality and price. In the event of the customer declining such an offer, we shall reimburse him with the cost of the Products, at the latest within 30 (thirty) days of the sums which he would potentially have paid.

ARTICLE 6 – ORDERS

To place an order on the Website, you must first acquaint yourself with your invoicing and delivery information or even create an account on the Website, by completing a form, or by logging in, if you have already created your account. Orders are performed online via the Website by means of our form, after having filled the basket and specified all the features (for example, colour, quantity, etc.) of the Product. The order is then placed by completing the order process in full, as foreseen by the Website, namely:

Selection of the Product, in its relevant quantity and colour, then by clicking on “Add To Basket”
Potential Product customisation step
Click on “Pay/Checkout”
Identification (creating a customer account or logging into your customer account is optional)
Provide a promotional code, if relevant
Check the elements of the order and correct any errors, if necessary
Select the delivery address
Select the delivery method
Select the payment type and the invoicing address (if different)
Go to our partners’ platform (payment by bank card or payment in 3 instalments)
Confirm the order

Your final validation of the order constitutes an electronic signature, which has, between you and us, the same value as that of a handwritten signature and asserts (i) the payability of sums due under the under and (ii) signature to and express acceptance of all operations carried out via the Website. Confirming the order entails acceptance without reserve of these Terms of Sale and constitutes proof of a sales contract.

Subject to the potential exercise of your right of withdrawal (cf. article 12), all sales shall only be considered to be concluded after payment has been confirmed and the dispatch by ourselves of a confirmation email and acceptance of the order. The benefit of any order is personal to you and cannot be transferred without our agreement. We reserve the option of refusing or suspending any order in the event of (i) legal disputes relating to any previous order or one being processed, (ii) a non-conforming delivery address and/or (iii) any order of an abnormal character, especially with unusual quantities and/or sums for an end user.

You are in agreement that correspondence may take place by email. We recommend that all exchanges of information be retained, especially in the context of the order and correspondence via paper documents or digitally. Registers held digitally or stored on our systems and/or those of our partners shall be deemed as valid proof of communication, orders and payments made.

ARTICLE 7 – PRE-ORDERS

We offer various Products as pre-orders. Such Products may be reserved before becoming available as stock and are indicated as such on the Website. The date of availability of Products is only provided on an indicative basis and does not bind us. In the event of a delay in the design or manufacture of the Product, we undertake to inform you of such at the first opportunity.

The price and costs of delivery must be paid at the time of pre-ordering, under those terms specified by article 9 - TERMS OF PAYMENT of these TOS. Delivery shall occur under those terms specified by article 9.

You may cancel your pre-order up until dispatch of the pre-ordered Product. You must inform us of such by an express declaration, which is free of any ambiguity. In such cases, we undertake to reimburse you of all sums paid under the contract, at the latest within 14 (fourteen) days following receipt of the declaration of cancellation.

From the time of the pre-ordered Product’s dispatch, you may exercise your right of withdrawal under those terms specified in article 12. All pre-orders relating to a customised Product according to your order are excluded from being cancelled or carrying any right of withdrawal.

If at the time of pre-ordering, you have benefited from any offer, free-of-charge product or any benefit linked with this pre-order, cancellation of the order shall involve a reduction in the amount reimbursed by the value of the offer from which you have benefited.

ARTICLE 8 – PRICE

The price of Products and freight charges are those mentioned on the Website during confirmation of the relevant order and in the confirmation email sent out by us.

Freight charges: Except for provisions to the contrary specified at the time of your order, the price of Products shall not include the shipping costs, which are invoiced separately and specified during definitive validation of the order.

VAT: The prices of Products are expressed in Euros and include all taxes (be it Value Added Tax (VAT) at the rate in effect on the day of placing the order and applicable to all Customers resident in the European Union). However, in the event of delivery to any country outside the European Union, you are the importer of the Product(s) concerned. Customs duty or other local taxes or importation duties or State taxes are likely to apply. These shall be borne by you and are your entire responsibility, whether in terms of declarations or of payments to the authorities and/or relevant bodies of the country concerned.

Changes: We reserve the right, which you accept, to change the sale prices for Products and/or freight charges, without any notice. Such changes shall have no effect on orders that we have accepted before the entry into effect of such modifications, subject to availability of those Products concerned.

ARTICLE 9 – TERMS OF PAYMENT

The prices of Products and freight charges are payable at the time of ordering, including pre-orders, by bank card (Visa, MasterCard). Payment in 3 instalments is also offered during validation of the payment method.

Payment occurs via secure means, according to the strictest standards imposed by the bank partners.

You guarantee us that you shall have available those authorisations that are potentially necessary for using the selected method of payment.

Payment shall be deemed to have been made and the order confirmed, when the relevant bank payment centres have given their approval and we have validated the order. Upon acceptance of settlement by the bank payment centre and by us, we shall inform you of such by sending out an email of order confirmation. In the event of being declined, the order shall be cancelled automatically, without providing any rights to indemnity for your benefit and we shall inform you of such.

Payment in instalments via Alma.
If you are paying for your order in instalments, you are accepting the general customer terms of Alma, as well as those particular terms for SYE customers by Alma.

ARTICLE 10 – DELIVERY

Products ordered in compliance with these general terms shall be delivered to that address indicated as being the delivery address during your order. No delivery shall be made to any address corresponding to that of a hotel or other residential shelter, non-permanent address, poste restante, PO Box, nor collective place nor individual address that cannot be attributed in a clear and sustainable way to any legal or natural person. You are solely responsible for the accuracy of the address communicated. Any parcel which is returned to us on grounds of an incorrect or incomplete delivery address shall be re-dispatched at your own cost. You should also provide a telephone number on which you may be contacted during the delivery. Any error in the said number or absence upon delivery shall entail a waiver in cancelling the order or taking advantage of any delay in delivery.

Delivery is constituted by the transfer of benefit via physical possession or control of the Product. In the event of ordering several Products, and except for agreement to the contrary, all ordered Products shall be delivered simultaneously. We undertake to use our best endeavours to deliver the Products to you within the timescales that we have indicated at the time of validating your order. However, these timescales are only communicated on an indicative basis.

It is essential that you check the visible condition and the conformity of the Products upon receipt of your order, in the presence of the courier, if relevant. You have available to you a period of three (3) days from delivery to inform us of all reservations or complaints, on grounds of non-conformity or visible defects of those Products delivered, by registered letter with acknowledgement of receipt or email, or by means of the form made available to you on the Website, accompanied by all pieces of evidence. In the absence of any complaint in the good and proper form and after this period, the Products shall be deemed to be in conformity and we can no longer accept any complaints.

ARTICLE 11 – TRANSFER OR PROPERTY AND TRANSFER OF RISK

The transfer of property for Products shall only occur upon complete payment of the price and this applies to whatever date of delivery for the said Products. From delivery, you shall alone bear such risks as the Products are liable to be subject to or cause, for whatever reason, even in cases of “force majeure”, fortuitous events or due to a third party. We are deemed to have fulfilled our obligation to deliver at the point of Products being delivered to the place of delivery agreed with you. However, in compliance with article L. 216-5 of the Consumer Code, when the delivery is ensured by a haulier that you have chosen, the risks of loss or damage to the Products are transferred to you from the time of their being handed over to the haulier.

ARTICLE 12 – RIGHT OF WITHDRAWAL

In accordance with articles L. 221-18 and following of the Consumer Code, you have available to you a period of fourteen (14) days from receipt of the Product to exercise your right of withdrawal, without having to give grounds for your decision or pay any penalty. This right of withdrawal must be exercised by means of the withdrawal form attached to these Terms of Sale, or any other declaration which is free of ambiguity and expresses your wish to withdraw.

It is then your sole responsibility to send back the Products in their original packaging and in a perfect condition to the address that shall be communicated to you, at the latest within 14 (fourteen) days following notification of your withdrawal. All return charges shall be your responsibility.

According to your wishes, we undertake to:

Proceed with an exchange of the Products initially ordered and delivery of Products at the identical price of your choice;

You shall be reimbursed for all sums paid in the context of carrying out the contract - return charges excluded - at the latest within 14 (fourteen) days after receipt of the returned Product by the same payment method as that used for the initial transaction. Reimbursement for delivery costs is limited to the amount of the least costly delivery method that We are offering.

In compliance with article L. 221-28 of the Consumer Code, any order or pre-order of a Product having been the subject of customisation at your request shall be excluded from any right of withdrawal.

ARTICLE 13 – WARRANTIES

13.1 Legal guarantees

Products we sell conform with regulations in force in France. They are fully covered by the legal guarantee of conformity, as specified in articles L. 217-4 and following of the Consumer Code and the warranty against latent defects, as specified in article 1641 and following of the Civil Code.

With regard to the guarantee of conformity, we are bound to deliver goods that conform with your order, as defined by article L. 217-5 of the Consumer Code. If you wish to implement this guarantee, we would like to remind you that:

- You have available to you a period of two years from delivery of the Product in which to act;

You may choose between the repair or the replacement of the goods, subject to the chosen solution not representing a clearly disproportionate cost for us;
You do not have to provide proof of the existence of faults in conformity appearing within a period of 24 (twenty-four) months following delivery of the Products, it being understood that we may provide proof to the contrary.

We guarantee you against latent defects arising from any fault in the material, design or manufacture affecting the Products and of such a nature as to render them unfit for use. In regard to this warranty, you may choose between a cancellation of the sale or a reduction in the price, in conformity with article 1644 of the Civil Code, subject to acting within a period of two years from discovery of the defect.

We would like to inform you that we cannot guarantee the availability of spare parts.

13.2 Exercise of warranties

If you wish to exercise any legal warranty, you need to inform us of such by sending us an email to hello (at) syewatches (dot) com or by completing the online form and attaching all your pieces of evidence (for example, photographs). We would like to remind you that all guarantees cannot be implemented and we shall not be responsible, particularly in the following cases:

improper use, negligence, accidents or lack of care and maintenance;
wear and tear or normal ageing of the Product;
indirect or consequential damage, whatever it may be;
theft, loss, natural catastrophes or any case of “force majeure”.

After verifying the Product and applying the warranty, we undertake to implement the warranty in accordance with the applicable terms at the earliest opportunity.

The SYE warranty is summarised at https://www.syewatches.com/pages/warranty.

ARTICLE 14 – PERSONAL DATA

All commitments by SYE in regard to personal data protection are specified in the personal data protection policy. To find out more, please go to the relevant heading on the Website : https://www.syewatches.com/pages/privacy-policy

ARTICLE 15– LEGAL DISPUTES

These terms are governed by French law, whether to their interpretation or to their implementation.

In the event of legal dispute between the Parties, the Parties are agreed to confer in order to find an amicable solution.

Failing any amicable agreement within a period of thirty (30) days, the legal dispute shall be brought by the earlier petitioner before French courts, the only ones with the competence to recognise this legal dispute.

ARTICLE 16 – FORCE MAJEURE

The Parties shall not be responsible for any failure to carry out their obligations in the event of a case of “force majeure” occurring, defined as being any unforeseen, irresistible event and resulting from external circumstances upon the Parties, making execution of the Contract impossible.

In the event of a case of “force majeure” occurring, the Contract shall be suspended, until the disappearance, termination or cessation of the case of “force majeure”. However, in the absence of being able to continue with executing the contract within a period of thirty (30) days from the appearance of the case of “force majeure”, the Parties shall confer in order to discuss a change to the contract.

In the event of this discussion failing, the contract shall be terminated with full rights, without indemnity on either side, by the earlier petitioner and by registered letter with acknowledgement of receipt.

In the event of the contract being terminated by the Customer, the latter undertakes to settle with SYE for the price of all services not paid for and carried out by the date of termination, as well as those costs potentially incurred by the termination.

APPENDIX 1: WITHDRAWAL FORM

Please complete and return to us this form only if you wish to withdraw from the contract.

For the attention of RED EARL SAS/SYE [Start Your Engine]:

Please accept this as notification of my withdrawal from the contract relating to the sale of the goods below:

Invoice number (#SYE-):

Product name:

Product reference:

Quantity:

Ordered on (*)/received on (*): (*) Delete as applicable.

Reason for the return:

Desired replacement model (for exchanges)

Customer name: …………………………………………………………………………………………………………

Customer address: ……………………………………………………………………………….………………………..

Email of the customer: ……………………………………………………………………………….………………………..

Customer’s telephone: ……………………………………………………………………………….………………………..

Date: ……………………………………………………………………………….………………………..

Signature of the customer: