General Terms and Conditions of Sale
General Terms and Conditions of Sale in effect from 31 MAY 2025.
ARTICLE 1 - IDENTIFICATION OF THE SELLER AND THE CUSTOMER
These general terms and conditions of sale, which define the rights and obligations of the parties to the distance selling contract, apply without restrictions or reservations to the contractual relations between the company FLYBACQ SARL and its trade name DÉDALE, a limited liability company with a capital of 7,500 euros, whose registered office is located at 15 chemin de la Crabe, 31300 TOULOUSE, registered with the trade and companies register of TOULOUSE under number 984 687 814 (hereinafter "the Seller") and any non-professional Customer placing an order for products (hereinafter referred to as the "Customer"), on the Website at www.dedale-watch.com (hereinafter referred to as the "Site").
ARTICLE 2 - ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS OF ONLINE SALE
Any order validation via the Site implies full and unreserved acceptance of the General Terms and Conditions of Sale in force at the time of the order by the Customer.
These General Terms and Conditions of Sale apply to all sales made on the Site, excluding those applicable to sales in stores or through other distribution and marketing channels.
The Seller reserves the right to modify these General Terms and Conditions at any time, however, modifications can only apply to orders validated after the update of said General Terms and Conditions.
ARTICLE 3 - ORDER
The Customer selects the desired product(s) whose characteristics are mentioned on the Site, which he declares to accept.
The Client must then provide certain valid identification data necessary to identify them, namely:
Name, surname, billing address, delivery address if different from the billing address, email address, telephone number.
The Customer may, if they wish, create an account on the site in order to save their identification details for a possible future purchase.
The order is only registered after you have ticked the box to accept the General Terms and Conditions of Sale and confirmed the accuracy of the information provided. This acceptance of the order becomes final upon clicking the "Order" button.
If, after order confirmation, any Products become unavailable, the Seller will inform the Customer of this unavailability and the estimated timeframe within which the product(s) may become available. Customers who do not wish to wait for the product(s) to become available, or in the event of permanent unavailability, may modify or cancel their order and, if applicable, request a refund of any sums paid, within fourteen (14) days of the order cancellation date, in accordance with Article L216-3 of the French Consumer Code.
An order summary will be accessible to the Customer via their Customer account, if they have created one, or via the email sent to them after order confirmation. This confirmation email will also contain a copy of the current General Terms and Conditions of Sale, which the Customer is responsible for retaining.
If the Customer fails to comply with the General Terms and Conditions of Sale, particularly regarding payment for an order, the Seller reserves the right to suspend its services and, if necessary, suspend or terminate the Customer's account. Prior to any such action, the Customer will be notified by the Seller as soon as possible, and informed of the opportunity to rectify the situation and to contest the allegations against them. Consequently, the Seller reserves the right to refuse any order from a Customer with whom such an unresolved dispute exists.
In accordance with Article 12 of the General Terms and Conditions of Sale, the Customer has in all cases a right to object to, access, and rectify all data concerning him/her held by the Seller.
ARTICLE 4 - PRICE
In the European Union, the prices of products sold on the Seller's website are indicated in euros, inclusive of all taxes, and are subject to change throughout the year. However, it is specified that the products are invoiced at the price in effect at the time the order is validated by the Customer.
In the rest of the world, the prices of products sold on the Seller's Website are indicated in dollars, excluding taxes and delivery charges, and are subject to change throughout the year. However, it is specified that the products are invoiced at the price in effect at the time the order is validated by the Customer.
Delivery charges are shown separately at the time of order confirmation, before payment, and depend on the chosen delivery option, the type and weight of the product ordered. They are therefore charged in addition to the price of the product(s) ordered, unless otherwise expressly stated.
Furthermore, for all products delivered outside the European Union and French overseas departments and regions (DROM), the Seller draws the Customer's attention to the fact that customs duties, other local taxes, import duties, or state taxes may be levied, as the Customer is considered the importer of the products. These duties and taxes are not the responsibility of the Seller. They are the sole responsibility of the Customer, both in terms of declarations and payments to the relevant authorities and organizations in the country of import. The Seller advises the Customer to inquire about these matters with the local authorities in the country of import.
ARTICLE 5 - PAYMENT TERMS
Payment for the ordered products is due in full before delivery, via PayPal or credit card, at the time of order, through our secure Stripe payment system. Delivery of the ordered product(s) will occur after confirmation of authorization from the bank's payment processing center. In the event of a payment refusal, the Customer will receive an email notifying them of the order cancellation and the reason for the refusal.
The Customer warrants that they are fully authorized to use the credit card or PayPal account used to pay for their order.
For any order exceeding €1,000, the Seller reserves the right to verify the accuracy of the information provided and to request a photocopy of the buyer's identity card and proof of address. These measures are designed to effectively combat fraudulent use of your credit card or PayPal account.
The Seller's acceptance of the Customer's order is evidenced by the sending of the order confirmation email to the Customer.
ARTICLE 6 - DELIVERY
6.1 Delivery location
Orders placed through our Site can be shipped worldwide.
All orders are delivered to the delivery address provided at the time of ordering or, by default, in the customer contact information found in their account. If the customer provides incorrect or insufficient information, resulting in the product being returned by the carrier, it will be reshipped at the customer's expense.
6.2 Delivery times
The delivery time mentioned in the order summary corresponds to the shipping time indicated on the product sheet plus the processing and delivery time.
If delivery is by a carrier requiring an appointment with the Customer, the carrier will contact the Customer as soon as possible to arrange a delivery appointment, no later than 30 days from the date of order confirmation. The Seller cannot be held responsible for a delivery delay due solely to the Customer's unavailability after several appointment proposals from the carrier.
When the Customer orders several products at the same time and these products have different delivery times, the delivery time for the entire order is based on the longest delivery time. However, the Seller reserves the right to split shipments. The processing and shipping fee will only be charged once.
In the event of a shipping delay, an email will be sent to the Customer to inform them of any potential impact on the delivery timeframe indicated to them.
In any event, in accordance with legal provisions, in the event of a delivery delay, the Customer has the option to terminate the contract under the conditions and terms defined in Article L 216-2 of the Consumer Code.
The Customer is also advised to regularly check their order status and to contact customer service with any questions or problems.
ARTICLE 7 - RETENTION OF TITLE
The Seller expressly retains ownership of the delivered goods until full payment of the principal amount and any applicable interest. Failure to pay may result in the Seller reclaiming the goods. The above provisions do not preclude the transfer, upon receipt by the Customer, of the risks of loss or damage to the goods, as well as any damage they may cause.
ARTICLE 8 - RIGHT OF WITHDRAWAL & RETURN
8.1. Exercising the right of withdrawal
The Customer has the right to withdraw without giving any reason within fourteen (14) days.
The 14-day period begins the day after the product is delivered. If this period expires on a Saturday, Sunday, or public holiday, it is extended to the next working day.
To exercise the right of withdrawal, the Customer must notify the seller of their decision to withdraw from the order by means of a clear statement on a durable medium (for example by post or email) to the following address: FLYBACQ SARL, 15 chemin de la Crabe - 31300 TOULOUSE - FRANCE or support@dedale-watch.com
An acknowledgement of receipt of the withdrawal request will be sent to the Client by email.
If the Customer decides to exercise their right of withdrawal, they must return the product(s) at their own expense, in their original packaging, in their original condition, undamaged, accompanied by the delivery note and/or the corresponding invoice, to the following address: FLYBACQ SARL, 15 chemin de la Crabe - 31300 TOULOUSE - FRANCE
This deadline is considered met if the Customer returns the goods before the fourteen-day period expires. Products not accompanied by their original packaging or returned in a condition unsuitable for resale may be refused and returned to the Customer; in this case, no refund will be issued.
The Seller strongly recommends that the Customer insure the product(s) when returning them to FLYBACQ SARL, as the Customer remains the owner and responsible party for the product until it is received by the Seller.
8.2. Reimbursement
Any product returned in violation of the information contained in the paragraphs above may not be accepted by the Seller: it may therefore not be eligible for a refund or will give rise to a claim for compensation from the Seller, depending on the damage or defects found on the product.
The Seller will defer the refund until receipt of the product(s) or until the Customer provides proof of shipment of the product(s), whichever occurs first.
In the event of cancellation by the Customer, accepted by the Seller, the Seller will reimburse all payments received (with the exception of any additional costs arising from the Customer's choice of a shipping method other than the least expensive shipping method offered) without undue delay and, in any event, no later than fourteen (14) days from the day on which FLYBACQ SARL was informed of the Customer's decision to cancel. The Seller will issue the reimbursement using the same payment method used by the Customer for the initial transaction.
8.3 – Exclusions from the right of withdrawal
In accordance with Article L221-28 of the Consumer Code, products made according to the Customer's specifications or clearly personalized and/or which have been unsealed by the Customer after delivery and which cannot be returned for reasons of hygiene or health protection cannot be returned.
ARTICLE 9 - LEGAL GUARANTEES
Under the legal guarantee of conformity, the Customer:
- The buyer has two years from the date of delivery of the goods to take action against the seller
- The Customer may choose between repair or replacement of the goods, subject to the cost conditions stipulated in Article L. 217-9 of the Consumer Code
- The Customer is exempt from providing proof of the existence of the product's non-conformity if the product is new: within 24 months of receiving the product
- The legal guarantee of conformity applies independently of any commercial guarantee that may cover the product.
It is recalled that the consumer may decide to implement the guarantee against hidden defects of the product within the meaning of article 1641 of the civil code and that in this case, he may choose between the termination of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code.
The provisions of this Article 8 do not prevent the Customer from exercising the right of withdrawal provided for in Article 7.
However, the Customer cannot contest conformity by invoking a defect which he knew or could not have ignored when he contracted (Article L.217-8 of the Consumer Code): the Customer is therefore asked to carefully consult the product sheets for the description of all products.
The Guarantee does not cover:
- handling errors
- drops, impacts or scratches
- exposure to pressures exceeding that specified for each model
- exposure to magnetic fields exceeding those specified for each model
- opening the case
- theft
- the loss
- any damage resulting from improper handling
- any failure to maintain
- any sign of wear
- any use not in accordance with the manufacturer's recommendations
If any of the above-mentioned issues are observed, the Seller will neither repair nor exchange the product. The Seller may also charge for any labor costs incurred.
In accordance with legal provisions concerning conformity and latent defects, the Seller will repair or exchange defective products or products that do not match their description. If the Customer requests a repair or exchange, they must first contact the Site at support@dedale-watches.com, explaining the details of the request and the reasons for it.
If the Seller accepts the return, the product(s) must be returned in the condition in which the Customer received them, in their original packaging, in their original condition, accompanied by the delivery note and/or the corresponding invoice. Shipping costs will be reimbursed to the Customer based on the invoiced rate, and return shipping costs will be reimbursed upon presentation of proof of payment. Given the significant value of some products, the Customer is advised to insure the products when returning them to the Seller, as they remain the owner and responsible for the product until it is received by the Seller.
In accordance with the Hamon law of March 17, 2014, the Seller informs the Customer that spare parts are available for a minimum of 1 year for products sold new.
ARTICLE 10 - LIABILITY
It is expressly stated that the Seller's website is intended for consumers and that the products sold are not designed for professional use. Therefore, the Seller cannot be held liable for any indirect or intangible damages resulting from the use or operation of the products ordered. Furthermore, while the products comply with French law, the Seller cannot be held liable for non-compliance with the laws of the country where the products are delivered: it is the Customer's responsibility to check with the authorities of the importing country to determine whether the product is authorized there.
Furthermore, the Seller cannot be held responsible for the non-performance of the contract concluded, on the one hand in the event of force majeure, as defined by article 1218 of the Civil Code, on the other hand in the event of fault of the Client or of the unforeseeable and insurmountable act of a third party to the contract or of the consequences resulting from the misuse of the products sold on the Site.
ARTICLE 11 - INTELLECTUAL PROPERTY
No element of the Site, including editorial content, graphics, photographs, logos, and trademarks, may be copied, reproduced, modified, downloaded, published, republished, transmitted, or distributed in any form or by any means whatsoever without the prior written consent of the Seller. Any unauthorized use of the elements appearing on this Site may constitute a violation of regulations or legislation relating to copyright, trademarks, or any other applicable legislation, and is subject to the penalties provided by law.
ARTICLE 12 - PERSONAL DATA
The database containing the provided data has been registered with the French Data Protection Authority (CNIL). In accordance with French law no. 78-17 of 6 January 1978, the Customer has the right to object to, access, and rectify any data concerning them that is disclosed to the Seller during the performance of the contract. The Customer may exercise these rights by contacting the Seller by email at support@dedale-watch.com
In accordance with current regulations, the Client's request must be signed and accompanied by a photocopy of a valid identity document bearing their signature, and must specify the address to which the response should be sent. A response will then be sent within two months of receipt of the request.
Furthermore, if the Customer expresses the wish during registration, the Seller has the option to authorize the transmission of this personal data to its business partners.
Otherwise, the Seller will only use this information within the very strict framework of processing the Customer's orders, establishing statistics aimed at improving its Site and the services offered.
ARTICLE 13 - EVIDENCE
Computerized records are stored in the Seller's computer systems under reasonable security conditions. They will be considered proof of communications, orders, and payments between the parties. Order forms and invoices are archived on a reliable and durable medium that can be produced as evidence.
ARTICLE 14 - APPLICABLE LAW - DISPUTES
These General Terms and Conditions of Sale are governed by French law. In the event of a legal dispute, the courts of Toulouse shall have exclusive jurisdiction.
ARTICLE 15 - LANGUAGE
These General Terms and Conditions of Sale are written in French. If they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.
ARTICLE 16 - COMPLAINTS & MEDIATION
For any complaints, please first contact the Seller's customer service at support@dedale-watch.com. In accordance with the rules applicable to mediation, any consumer dispute must first be submitted in writing to the Seller before any request for mediation.
If a disagreement persists, under Article L.612-1 of the French Consumer Code, every consumer has the right to free access to a consumer mediator for the amicable resolution of the dispute with a professional. The consumer has one year from the date of their written complaint to the professional to contact a mediator.
A dispute resolution platform has been set up by the European Commission, which is intended to collect any consumer complaints following an online purchase in order to then forward them to the competent national mediators.
This platform can be accessed via the following link: http://ec.europa.eu/consumers/odr/
ARTICLE 17 - MISCELLANEOUS
In the event that one or more provisions contained in these general terms and conditions of sale are deemed by a court to be invalid, illegal, or unenforceable to any extent, the validity, enforceability, and legality of the remaining provisions shall remain in full force and effect. The failure of FLYBACQ SARL to enforce any provision of these general terms and conditions of sale shall not constitute a waiver of its right to enforce such provision in the future.