Terms and Conditions of Use - Subscription
1 - Overview and Prerequisites
1.– MANUFACTURE GENERALE HORLOGERE, a limited liability company (SARL) with capital of 301,200 euros, registered with the Auch (32) Trade and Companies Register under number 443 768 452, with its principal place of business at 2, Avenue de la Gare, 32700 Lectoure, France, hereinafter referred to as the “Company,” hereby sets forth the General Terms and Conditions of Use for its subscription-based watch rental service.
2.– The subscription is offered to each customer, hereinafter referred to as the “Customer,” on the website www.clubdelamontre.com, operated by Manufacture Générale Horlogère, hereinafter referred to as the “Website.”
3.– This watch rental service is available only to adults residing in mainland France (including Corsica) who personally hold a bank account opened at a French financial institution, a credit card, and a valid email address.
4.– Before committing, the Customer must ensure that he or she has the technical and IT resources necessary to use the website and to subscribe; he or she must also ensure that his or her computer or other device used to connect guarantees a secure connection.
5.– The Customer represents that he or she has read these Terms of Use and accepted them without reservation prior to using the rental service offered on the Site. The Customer will be notified of any updates to these Terms of Use by email; his or her subscription is subject to the terms in effect at the time of signing.
2 - Subscription Sign-Up
6.– The Customer creates an account on the Site using a valid email address and completes the registration form. The Customer’s email address and username will serve as their means of identification on the Site.
7.– The Customer then selects a subscription plan, under which:
- The Company will lease him a watch within a specified price range for a period of 12 months.
- The Customer may, at any time, replace the rented watch with another one. The Customer may rent up to 4 different watches over a 12-month period.
8.– The subscription plans are as follows.
- a subscription for €19.90/month (including tax) with a 12-month commitment;
- a subscription for €29.90 (including tax) per month with a 12-month commitment;
- A subscription for €49.90/month (including tax) with a 12-month commitment.
After selecting a plan, the Customer can then confirm the subscription order.
9. The Customer selects the watch model they wish to rent from among those offered in the selected package.
10. The Customer then selects a delivery method from those offered on the Website and pays the applicable fees.
The Customer’s confirmation of the subscription order constitutes acceptance of these Terms and Conditions of Use and, in particular, acknowledgment of the obligations to pay the monthly installments, to keep the watch in good condition, and to return it when the time comes.
11. By confirming the subscription order, the Customer agrees to make a monthly payment, which will be debited via automatic withdrawal from the credit card used at the time of subscription.
To this end, the Customer authorizes Manufacture Générale Horlogère to charge the specified amount based on the selected subscription plan. The charge will be processed monthly starting on the subscription date and will continue for the entire duration of the subscription, which is 12 months (monthly payments).
12. Upon confirmation of the subscription order, the Customer pays the first monthly installment by credit card and agrees that Manufacture Générale Horlogère may charge the amount of the subscription plan to the registered payment method at the beginning of each period.
13. The Customer is responsible for ensuring that their payment method remains valid throughout the entire subscription period and is required to verify the validity of their credit card.
14. Within 48 hours of receiving confirmation of payment of the first monthly installment, the Company will ship the selected watch model to the customer, along with the return documents.
15.—Without prejudice to the right of withdrawal, the Customer also has 14 days from receipt of the watch to return it in its original packaging—provided it has not been worn—and request delivery of a replacement model from among those offered in the subscription plan. This exchange does not extend the subscription period.
3 - Right of Withdrawal
16.—In accordance with Articles L.121-21 et seq. of the Consumer Code, the Customer has a period of fourteen (14) calendar days from the date the subscription order is confirmed on the Website to exercise his or her right of withdrawal with the Company, without having to provide a reason or pay a penalty.
17. To exercise their right of withdrawal, the Customer must send an email within the specified time frame to [email protected]. Upon receipt of the Customer’s notice of withdrawal, the Company will send a confirmation of receipt by return email. The Company will consider the Customer’s Subscription to be terminated.
18. If the Customer exercises the right of withdrawal, the Company agrees to reimburse the Customer within eight days for any amount paid, using the same method as that used for the initial payment.
19. The Customer is encouraged—though not required—to inform the Company of the reason for the cancellation so that the Company can improve its services.
4 - Changing watches during the subscription period
20.—The Customer may, at any time, replace the rented watch with another one under the same plan. The Customer may rent up to 4 different watches over a one-year period.
To do this, he proceeds as follows:
- : The user logs in to the Site using their email address and username;
- : He chooses a watch from among those offered as part of his subscription plan;
- : He confirms the order to exchange the watch.
Within 8 days of the approval of this exchange, the Customer must ship the old watch to the company using the prepaid shipping label included with the delivery of the new watch, in accordance with the terms and conditions specified at the time of subscription.
Within 48 hours, the Company will send him the watch he selected along with the return documents.
5 - Cancellation of the Subscription and Return of the Watch
21. The terms and conditions of termination set forth below are without prejudice to the applicable legal provisions.
22. The standard procedures for the Customer to cancel the subscription are as follows.
The Customer must notify the Company of the decision to terminate the agreement by email at [email protected] or by certified mail with return receipt requested sent to the Company’s mailing address, as listed at the beginning of this document.
The email or certified letter with return receipt requested must be received by the Company at least 7 days before the end of the first six-month period if the Customer does not wish the contract to be automatically renewed.
After the initial six-month period, the email or certified letter with return receipt requested must be received by the Company at least 7 days prior to the termination date specified by the Customer. If no date is specified, or if the specified date is not at least 7 days after the date the Company receives the email or letter, the termination will take effect 7 days after the Company receives the email or the certified letter with return receipt requested.
23.— The Company reserves the right, at its own risk, to unilaterally terminate the subscription without notice, regardless of the subscription plan or level of service, in the event of a material breach by the Customer of its obligations, including, in particular, failure to pay any amount owed by the Customer. Notice of termination will be sent by email to the address provided by the Customer upon registration or by certified mail with return receipt requested.
24. The Customer reserves the right, at its own risk, to unilaterally terminate the subscription without notice in the event of a material breach of the Company’s obligations. Notice of termination shall be sent by email to [email protected] or by certified mail with return receipt requested.
25. Termination of the subscription, regardless of who initiates it or the reason for it, requires that the rented watch be returned to the Company within a maximum of 8 days from the effective date of termination, using the prepaid shipping label included with the delivery and in accordance with the terms specified at the time of subscription.
If the Customer fails to return the rented watch within the specified time frame, the Customer must pay, in addition to any unpaid monthly installments, the total value of the product (excluding any discounts or deductions). This payment will be processed—after notifying the Customer at the email address provided upon registration—by direct debit from the bank account specified at the time of enrollment or by charging the credit card used to pay the first installment.
6 - Order Price and Payment Terms
The prices of the subscription plans are listed on the Website at the time of ordering; the price displayed on the date of enrollment is final under the terms of the subscription and includes all taxes and processing fees (in metropolitan France).
26. The first monthly payment is due by credit card in euros on the date the subscription is ordered. Subsequent monthly payments are charged via direct debit using the same payment method. The Customer agrees to ensure that their payment method remains valid.
27. The Site uses an online payment security system that guarantees the Customer complete confidentiality of their personal, computer-related, and banking information. The encrypted and secure system does not allow the Site to access the Customer’s accounts.
28. The Customer warrants to the Company that it has the necessary authorization to use the payment method required when ordering the subscription.
29. The Customer may view their account balance on the Website by logging in with their login credentials.
7 - Breakdowns, malfunctions, damage, or loss
30. Failure or malfunction of the rented watch
All watches are covered by a 2-year warranty beginning on the date of receipt by the Customer. If the rented watch exhibits any malfunction, the Customer is asked to contact Customer Service by email at [email protected] or by phone at 05 62 68 55 43. The Customer will be informed of the steps to take.
31. Loss or damage to the rented watch
The Customer is responsible for the proper use and safekeeping of the watch rented to him or her. If the watch sustains damage other than that resulting from normal use, the cost of repairs will be charged directly to the Customer. The Company’s watchmakers will systematically provide an estimate of these costs. The Customer must pay the Company the amount equivalent to the cost of the repair.
8 - Legal Warranties
32.— All subscription plans and watches offered by the Site are subject to the statutory warranty of conformity provided for by law, specifically Articles L.217-4, L.217-5, and L.217-12 of the Consumer Code. If the Customer believes they have received a watch that is non-compliant or defective, they must contact the Company’s Customer Service Department as soon as possible at [email protected], specifying the defects or non-conformities of the product. It is the Customer’s responsibility to provide evidence supporting the alleged defects or non-conformities. The Customer shall allow the Company the opportunity to verify the alleged defects or non-conformities without the Customer intervening beforehand or involving a third party.
If the Company identifies any defects or nonconformities, it will offer the Customer a replacement unit.
9 - General Obligations of the Customer
33. The customer agrees to:
- comply with the terms of these General Terms of Use;
- Use the Site and the Services exclusively for personal purposes and in accordance with the Company’s instructions; the rented watches may not be used for commercial purposes;
- Use the rented watches for their intended purpose and check the technical information before each use (setting the time, water resistance, etc.);
- Report any damage you notice as soon as possible;
- shall not entrust any work to anyone outside the Company or the Site
- must not attempt to perform any technical repairs that require opening the case.
34.— The products offered for sale comply with French regulations. Where applicable, it is the responsibility of the foreign customer to check with local authorities regarding the permissible uses of the product they intend to order; MGH shall not be held liable in the event of non-compliance with the regulations of a foreign country to which the product is delivered.
35. The Customer is liable for any damage, loss, or failure to follow any precautions for use that could damage the watch (see Article 31 of these Terms of Use).
10 - Acts of God
36. The Company shall not be held liable in the event of non-performance or improper performance of the services and products covered by this subscription due to malfunctions beyond its control, including, in particular, those caused by the Customer. Under no circumstances shall a malfunction of this service, regardless of its cause, entitle the Company to claim any compensation from the Customer.
37. The Company shall not be held liable in the event that the Customer’s computer equipment prevents the Customer from receiving the information necessary for the proper functioning of their subscription.
11 - Personal Data, Data Protection and Civil Liberties
38. Data Protection Policy
The collection of personal data is limited to what is strictly necessary (data minimization) and is accompanied by information regarding:
. the legal basis for data processing;
. the data controller and the purposes for which this data is collected (purposes);
. whether the collection of data is mandatory or optional for processing the Customer’s request, and a summary of the categories of data processed;
. the categories of people affected;
. data retention periods;
. security measures (general description);
. The Customer's data protection rights and how to exercise them with the CNIL.
12 - Exercising Data Protection Rights
For any information or to exercise their data protection rights regarding the processing of personal data managed by www.clubdelamontre.com, the Customer may contact the Company’s Data Protection Officer (DPO) by mail (including a copy of their identification document when exercising their rights) at the following address:
CDLM/MGH - website
To the attention of the Data Protection Officer (DPO)
Avenue de la Gare
32700 Lectoure, France
13 - Customer Service
40. For any requests for information or clarification, or to file a complaint, the Customer is invited to contact Customer Service by email at [email protected] or by phone at 05 62 68 55 43 during business hours: Monday through Friday from 8:30 a.m. to 12:30 p.m. and from 2:00 p.m. to 5:00 p.m. – Address: 2 avenue de la Gare, 32700 Lectoure, France.
14 - Governing Law - Dispute Resolution - Jurisdiction
41. French law shall apply, including to international sales. In the case of international sales, for any matters not governed by French law and these General Terms and Conditions of Sale, the parties agree to refer to the provisions of the Vienna Convention on the International Sale of Goods of April 11, 1980.
42. The Customer and the Company (Customer Service: 05 62 68 55 43) will attempt to resolve, directly between themselves and through mutual agreement, any disputes of any kind arising from the subscription-based watch rental service.
If their attempt at reconciliation fails, the Client may seek the services of Maître Clerico, Judicial Commissioner, free of charge, in her capacity as a mediator.
Maître Clérico
Judicial Officer
13 Route d'Agen
32,700 reads
France
Tel. 05.62.68.78.57
43. In the event of legal proceedings, the courts of the Company's registered office shall have exclusive jurisdiction.