...
EUR
$ USD
INFORMATION

CGU Marketplace

1. PREAMBLE

WEWATCHES
WEWATCHES is a simplified joint stock company (Société à associé unique) with a capital of 1000.00 Euros, registered with the Nanterre Trade and Companies Register under number 909 677 503, whose registered office is located at the following address: 14 rue Beffroy, 92200 - Neuilly-sur-Seine.

WEWATCHES is an information website about prestigious watch brands. WEWATCHES also provides on its Website a marketplace service (hereinafter the "Marketplace") enabling buyers in their capacity as consumers or professionals registered on the Website (hereinafter the "Buyers" or the "Buyer") to enter into contact with professional sellers also registered on the Website (hereinafter the "SELLER" or the "Sellers") in order to purchase luxury watches (hereinafter the "Products"). Once an order is placed directly with a Seller, the parties to the sales contracts concluded via the Marketplace are solely the Sellers and the Buyers. As such, WEWATCHES shall in no way be considered to be the seller of the Products purchased via the Marketplace in respect of such orders.

2. DEFINITION

The words and expressions below, in the singular or plural, have the following meaning in the context of the General Terms and Conditions of Use:

  • Buyer : means any person purchasing a Seller's Product on the Marketplace.
  • Buy : means the purchase of any Product from the Seller by the Buyer on the Marketplace.
  • Account : refers to the personal space on the Site that Buyers and Sellers must create in order to access the Site's functionalities. Access to the Technical Data Sheets of the watches and other functionalities of the Site, including but not limited to consultation of the historical or current coast, classification, Purchases and comments, requires the prior connection of the Buyers and Sellers to their Account.
  • Email : means the valid e-mail address used to register on the Site, subscribe to the newsletter and access all the features.
  • Product Listing : means each Product offered for sale by a Seller via the Marketplace and described on a dedicated Product sheet on the Site.
  • Marketplace : means the Marketplace service as described in these Terms and Conditions and set up by WEWATCHES on its Website.
  • Payment Service Provider : means the company, which holds a banking licence, providing, via WEWATCHES, payment services in order, in particular, to enable Sellers to collect payments from Buyers. The Operator's Payment Service Provider is MANGOPAY, a limited liability company registered in Luxembourg, with a capital of 2,700,000 euros and whose registered office is located at 2 Avenue Amélie, L-1125 Luxembourg, registered in the Luxembourg Trade and Companies Register under number B173459, approved as a payment institution by the Commission de Surveillance du Secteur Financier (CSSF), authorised to carry on business in Europe and represented by Romain Mazeries, Managing Director, duly authorised for the purpose hereof.
  • Products : refers to the luxury watches sold on the Site.
  • Site : refers to the www.wewatches.com website owned by WEWATCHES.
  • Seller - Terms and Conditions Seller : means the Seller or Sellers whose Products are sold on the Marketplace - means the General Terms and Conditions of Sale which the Seller wishes to govern the sale of its Products. The list of defined terms is not exhaustive and is subject to change when these General Terms and Conditions of Use - Marketplace are updated.

3. SUBJECT

The purpose of these General Terms and Conditions of Use for the Marketplace is to provide a legal framework :

The terms and conditions under which the Site's services are made available.

The conditions of use of the Marketplace.

Terms and conditions applicable to Purchases made by a Buyer directly from a Seller, as well as the respective rights and obligations of WEWATCHES, the Buyers and the Sellers.

4. CONDITIONS OF USE AND DESCRIPTION OF THE MARKETPLACE

The General Terms and Conditions of Use constitute the contract between WEWATCHES, the Buyer and the Seller and access to the Website by the latter signifies their acceptance of these General Terms and Conditions of Use - Marketplace.

The Marketplace is made up of technological tools enabling Buyers to contact Sellers with a view to purchasing Products and paying for them. The Marketplace also includes a system for the evaluation of Sellers by Buyers. Transactions carried out via the Marketplace for the purposes of Purchasing Products are concluded directly between the Buyer and the Seller. WEWATCHES is in no way a reseller of the Products offered by the Sellers via the Marketplace. Accordingly, Products purchased via the Marketplace may not under any circumstances be taken back or exchanged by WEWATCHES. Prior to Purchasing one or more Products from a Seller, the Buyer must consult the latter's General Terms and Conditions of Sale in order to be aware of the latter's policy, in particular but not exclusively with regard to dispatch, delivery and the related costs, as well as the conditions of insurance of the Product or any right of withdrawal. Shipment times and delivery costs are set freely by the Sellers, in accordance with each Seller's policy, which the Buyer must consult. However, all complaints may be brought to the attention of WEWATCHES by email using the contact form on the Website. In the event of non-compliance with these Terms and Conditions of Use, WEWATCHES reserves the right to temporarily or permanently suspend access to the Marketplace to the relevant Buyer or Seller and to take legal action against it. Each party undertakes to conclude Purchases in good faith.

4.1 OBLIGATIONS RELATING TO BUYER(S) AND PRODUCT PURCHASES ON THE MARKETPLACE :

Access to the Service by Buyers is reserved for strictly personal use. When using the Service, Buyers declare that they are acting in a private capacity. In addition to accepting these General Terms and Conditions of Use of the Marketplace, access to the Service is subject to the opening of an Account on the Site. The Buyer must provide the data required for identification. Opening an Account and using the Service are free of charge (excluding any connection costs) with no obligation to make a purchase on the Site. Only the purchase of Products from Sellers is subject to a fee, in accordance with the conditions set out in these General Terms and Conditions and the Seller's General Terms and Conditions of Sale. Once the Buyer has made a Purchase from a Seller, the applicable terms and conditions are described in these General Terms and Conditions of Use of the Marketplace and in the General Terms and Conditions of Sale of the Seller with whom the Buyer is contracting via the Marketplace. Buyers are therefore invited to read the Seller's General Terms and Conditions of Sale mentioned on the specific page for each Seller. By placing an order on the WEWATCHES Marketplace, the Buyer hereby declares that he/she has fully read and accepted these Terms and Conditions without reservation.

4.2. OBLIGATIONS RELATING TO THE SELLER(S) AND OFFERS TO SELL PRODUCTS ON THE MARKETPLACE :

Access to the Marketplace by Sellers is subject to acceptance of these General Terms and Conditions of Use of the Marketplace and the opening of a Seller's Account on the Site. When opening a Seller's Account, the Seller must provide the identification data detailed below. The Seller undertakes to provide only accurate information, and then to inform WEWATCHES without delay of any change affecting such information, by email using the contact form. In addition to accepting these General Terms and Conditions and opening an Account, access to the Service by the Seller is subject to the payment of a monthly or annual subscription. The functionalities available to the Seller depend on the type of subscription. The subscription will be invoiced to the Seller, regardless of the status and quantity of Purchases on the Seller's Account. The Seller undertakes and guarantees that it will only sell Products of which it is the owner or over which it has the rights allowing it to sell them. It guarantees that they do not in any way contravene applicable laws, regulations and standards, whether mandatory or not, and that they do not infringe the rights of third parties. In this respect, the Seller undertakes in particular not to sell any Product consisting of infringing works within the meaning of the Intellectual Property Code or any Product the marketing of which is regulated by virtue of legislative, regulatory or contractual provisions (in particular due to the existence of a selective distribution network). The Seller is solely responsible for putting the Products it offers for sale on the Marketplace. In the description of each Product File offered on the Site, the Seller undertakes to act in good faith. The Seller is solely responsible for the accuracy of the information contained therein and undertakes to ensure that it does not mislead potential Buyers as to the characteristics of the Product, its condition, its price and its authenticity. In the case of second-hand Products in particular, the Seller shall provide a precise description of the condition of the Product. The Seller shall provide Buyers with all information enabling them to know the essential characteristics of the Product (where applicable, composition of the Product, including accessories, origin, etc.). The Seller also undertakes to ensure that the descriptions provided in the Product Sheets it offers (photographs, etc.) comply with the Products. The Seller fills in a questionnaire, in addition to the compulsory photos, before placing the Product online on the Website. A WEWATCHES Expert will validate the authenticity of the Product and issue an NFT digital certificate to the Seller. The selling price of the Products is freely determined by the Seller, in compliance with the laws and regulations in force. This price must be stated on the Site inclusive of all taxes. Accordingly, the Buyer may not be asked to pay any sum other than that shown on the Product description sheet, with the exception of delivery costs, which will be defined by the Seller.

5. MODIFICATION OF CONDITIONS OF USE

These General Terms and Conditions of Use may be amended or supplemented at any time, and Buyers and Sellers are therefore advised to consult them regularly. Consequently, the version in force at the time of the Purchase will systematically apply. In the same way, the legal notices may be modified at any time: they are nevertheless binding on all users of the Site, who are invited to refer to them as often as possible in order to familiarise themselves with them. This Site is normally accessible at all times. However, the publisher may decide to interrupt it for technical maintenance purposes, in which case it will endeavour to inform Users of the dates and times of the intervention in advance.

6. OPERATION OF THE SITE AND DESCRIPTION OF BUYER-SELLER SERVICES

Consultation of the Site

The creation of a free, no-obligation Buyer account:

The Buyer must register on the Site by accurately filling in the form made available to him or her, stating precisely his or her surname, first name, pseudonym and date of birth, then choosing a password of his or her choice associated with an e-mail address.

The Buyer will receive confirmation of the creation of his/her Account in the form of an Email sent to his/her mailbox. The Buyer is responsible for maintaining the confidentiality of his/her password and account, as well as for any act involving the use of his/her login and password.

In the event of loss or theft of the username or password, or in the event of use by an unauthorised third party, the Buyer must immediately notify WEWATCHES via the following email: info@wewatches.com.

On their first visit to the Site and at the same time as validating their registration form, Buyers must consult and accept these General Terms and Conditions of Use, which they declare to have read and fully understood.

The Buyer may also register via his/her Gmail or Facebook account by authorising WEWATCHES to access the identification data provided on these sites and to use them as identifiers.

Consultation of content and information on the Site, in particular

Articles and news in the Feed tab.

Metrics product sheets.

Subscribing to the Newsletter service

Buyers can subscribe to the Newsletter service, which enables them to receive information by e-mail, by entering their e-mail address in the "Subscribe to the Newsletter" box at the bottom of the Site page.

Consultation of historical and current coastlines :

Historical and current quotes are provided for information purposes only and are the result of WEWATCHES' personal analysis for which we accept no responsibility. The coastlines are subject to regular updates.

Option to comment on articles

Possibility of contacting a Seller

If the Buyer has any questions about a Product, particularly concerning its characteristics or price, they may contact the Seller directly. The Buyer's questions may relate to the Product itself, delivery, any after-sales service offered by the Seller, exercising the right of withdrawal, insurance, or any other question relating to the Seller's General Terms and Conditions of Sale.

Possibility of making an offer or counter-offer

The Buyer may add the desired Product directly to his/her basket if the price is acceptable. The Buyer may also make an offer at a price different from that indicated on the Seller's Product Sheet.

Option to report a product

If there is any doubt as to the authenticity of a Product, the Buyer may report this to WEWATCHES. WEWATCHES advises Buyers to find out the market value of the desired Product.

Option to rate the Seller(s).

Following the Purchase of a Product, i.e. once payment has been made and the Product has been received by the Buyer, the latter will have the opportunity to rate the Seller from whom the Purchase was made.

The Site offers the Seller :

Consultation of the Site

Account creation subject to an identity validation procedure

The Seller may create an account under the same conditions as a Buyer but must take out a monthly or annual subscription for the sale of the Products it wishes to offer on the Marketplace. In order to validate the creation of a Seller's Account, the Seller must submit the following elements to WEWATCHES for validation:

Identity document

Extract from the commercial register

Proof of address

Legal status / corporate form

Wewatches Shareholder statement

Trusted seller guideline

Product sheet publication and ad creation

Each Product offered for sale by the Seller via the Marketplace shall be the subject of a detailed description on a dedicated Product Sheet on the Website. WEWATCHES prohibits Sellers from publishing advertisements for counterfeit watches. A Seller who has published counterfeit Products will have access to the platform blocked to all professionals who have published counterfeit items.

Opportunity to talk to Buyers

The Seller may contact any Buyer who expresses an interest in one or more of the Seller's Products.

Option to accept or reject offers or counter-offers

The Seller may accept a Buyer's offer if the price is agreed. It may also make a counter-offer to the Buyer.

7. BUYER INFORMATION - SELLER CONDITIONS OF SALE - PURCHASE TERMS AND CONDITIONS

Once an Account has been created and a subscription has been paid, Sellers may add to their space and include Product Sheets. Buyers may consult the Product Sheets and express their interest in a Product. Buyers must log on to the Site via their Account in order to view the various Products offered for Sale by the Seller(s).

A selling price is indicated on the Seller's Product sheet.

If the Buyer is interested in a Product, he/she may place it directly in his/her shopping basket or submit his/her offer online on the Site, it being specified that he/she may ask the Seller about the characteristics of the Product.

The Seller receives a notification on their WEWATCHES Account and by email stating that they have received an offer.

At this stage, the sale is not complete, as the Seller has not agreed the price. The Buyer's proposal is therefore not binding on the Seller, who is free to accept or reject it.

When the Buyer makes an offer, the Seller has 48 hours in which to accept or refuse it.

The Seller may also, at its discretion, make a counter-offer.

This counter-offer allows the Seller to market the Product elsewhere and does not constitute a firm commitment in the absence of pure and simple acceptance of the said counter-offer.

When the Seller accepts the Buyer's offer, the Buyer will receive an e-mail confirming his/her order and a notification on his/her Account stating that the Seller has accepted the Buyer's offer.

Consequently, the price agreed and indicated in the confirmation e-mail constitutes a firm price accepted by the Seller and cannot be modified.

The Buyer can consult the Product File for which they have made a bid with the updated price.

After 48 hours following the Buyer's offer without any response from the Seller, the offer is considered cancelled.

8. ORDER VALIDATION AND PAYMENT TERMS

When the Seller accepts the Buyer's offer, the Buyer receives confirmation on his Account and by email.

9. HYPERTEXT LINKS

The Website may contain hypertext links directing Buyers and Sellers to content hosted on websites external to WEWATCHES. WEWATCHES has no control over and cannot be held responsible for the content of the web pages relating to these links.

10. INTELLECTUAL PROPERTY

The Site holds the intellectual property rights or usage rights to all elements accessible on the Site, in particular the Site's tree structure, articles, news, graphics, Product Sheets and all other elements.

Consequently, all intellectual property rights attached to the creations belong exclusively to WEWATCHES.

Only strictly personal use is authorised.

Thus, with the exception of the functions offered by the Website allowing content to be shared on social networks or sent by e-mail, any reproduction, representation, modification, publication or adaptation of all or part of the elements of the Website, whatever the means or process used, is prohibited, unless expressly authorised by WEWATCHES.

Any unauthorised use of the Site or of any of the elements it contains will be considered to constitute an infringement and will be prosecuted in accordance with the provisions of the French Intellectual Property Code.

The photos published on the Site may be subject to third-party copyright.

11. LIMITATION OF LIABILITY

WEWATCHES makes every effort to ensure that the information provided on the Website is accurate and up-to-date.

WEWATCHES shall not be liable for any loss arising directly or indirectly from the use of the Website, including without limitation any loss of use, business interruption, loss of profits, loss of data or any consequential loss, regardless of the legal basis relied upon by the Seller or the Buyer.

WEWATCHES does not intervene in any way in the transaction between the Seller and the Buyer and shall therefore not be held liable for the performance or non-performance of transactions.

WEWATCHES also declines all responsibility in the event of temporary impossibility of access to the Site due to technical problems.

Furthermore, WEWATCHES shall not be held liable in the event of abnormal use or illicit exploitation of the Website.

12. MODERATION

Comments on articles published on the Site express personal opinions and are the sole responsibility of the authors. WEWATCHES may not be held liable for the content of these messages.

However, WEWATCHES reserves the right to delete any objectionable message.

WEWATCHES further reserves the right to temporarily or permanently exclude any Buyer or Seller who fails to comply with these Terms and Conditions of Use.

Furthermore, WEWATCHES prohibits Sellers from posting advertisements for counterfeit Products.

A Seller who has published counterfeit Products will have access to the platform blocked to all professionals who have published counterfeit items.

Sellers or Buyers who circumvent the Marketplace in order to sell a Product shall be definitively excluded by WEWATCHES.

Buyers and Sellers undertake not to publish comments that are defamatory, abusive, obscene, discriminatory, threatening or any other message that violates applicable French and international laws.

13. PROTECTION OF PERSONAL DATA

The collection and processing of personal data on the Site are governed by the provisions of our personal data protection policy (https://wewatches.com/dataPrivacyPolicy).

In order to create an Account and register for the Newsletter, and to buy and sell Products, it is necessary and compulsory to collect information when registering on the Site.

In accordance with the French Data Protection Act no. 78-17 of 6 January 1978, as amended, and with the regulations governing the protection of personal data, hereinafter referred to as the "personal data protection regulations", personal information is collected and processed with due respect for privacy.

In accordance with the regulations on the protection of personal data, any person may obtain communication and, where appropriate, rectification, deletion, limitation, opposition and portability of information concerning him or her.

You may exercise these rights by sending an e-mail to the following address: info@wewatches.com.

14. COOKIES

During visits to the Site, a cookie may be automatically installed on the Buyer's and Seller's browser software.

Cookies are small files that are temporarily stored on a computer's hard drive. These cookies are necessary to ensure accessibility and navigation on the Site. These files do not contain any personal information and cannot be used to identify an individual.

The information contained in cookies is used to improve browsing performance on the Site.

By browsing the site, Buyers and Sellers accept cookies. They can be deactivated via the browser settings.

Cookies are also governed by the provisions of our personal data protection policy (https://wewatches.com/dataPrivacyPolicy).

15. APPLICABLE LAW AND JURISDICTION

Any dispute relating to these Terms and Conditions of Use or to the use of the Site shall be governed by French law.

The Paris courts shall have exclusive jurisdiction.