GENERAL terms & conditions
of sale
PREMILINARY ARTICLE
SMB, with a share capital of €1,500,000, headquartered at Rue des Maurapans Zac de Valentin, 25870 Châtillon-Le-Duc, registered with the BESANCON Trade and Companies Register under number B 329 935 639, hereinafter referred to as “SMB” (hereinafter referred to as the “Company”), specializes in the wholesale (business-to-business) trade of watches and jewelry for the LIP brand (hereinafter the “items”).
To better meet the needs of its customers, the Company has established an online distance selling system for LIP items through the website identified by the domain name www.lip.fr, hereinafter referred to as the “Website.”
Orders placed on the Website are reserved for end consumers for strictly personal use, and not for resale. Items purchased on the Website may under no circumstances be resold as new in first-hand distribution channels.
ARTICLE 1: SCOPE OF APPLICATION
These general terms and conditions of sale apply to all sales of items concluded remotely via the Company’s LIP service on the website, for delivery in mainland France, Corsica, and Monaco. As such, these general terms and conditions of sale apply:
- To orders placed by individual customers acting as consumers (as defined by law and case law) who have their usual residence in mainland France, Corsica, and Monaco.
- For delivery to the same individual customers, either to their home or workplace in mainland France, Corsica, and Monaco. The delivery address may differ from the billing address.
By confirming the order, the customer accepts these general terms and conditions of sale without restriction or reservation. These terms and conditions may be subject to changes and updates; the terms applicable to a customer’s order are those in effect on the day the order is placed.
ARTICLE 2: IDENTIFICATION OF THE OFFER PROVIDER
SMB, with a share capital of €1,500,000, registered in the BESANCON Trade and Companies Register under number B 329 935 639, whose registered office is located at:
Rue des Maurapans, Zac de Valentin, 25870 Châtillon Le Duc
Phone: +33 (0)3 81 48 48 00
Email address: contact@lip.fr
EU VAT Number: FR 14 329 935 639
ARTICLE 3: INFORMATION REGARDING THE PRODUCTS AND LIMITATION OF LIABILITY
SMB makes every effort to provide users with available and verified information and/or tools, but cannot be held liable for errors, the unavailability of information, and/or the presence of viruses that may infect the user’s computer or any other hardware as a result of using or accessing the website or downloading from the website.
As a result, the user acknowledges that they use this information at their own exclusive risk.
The information (name, definition, product images, detailed description: properties, characteristics, and composition, etc.) related to all products offered for sale is available (in compliance with applicable legal and regulatory requirements) on the website.
While great care and precision are taken in uploading information, product descriptions, and data on the website and regularly updating them, the Company cannot be held liable for any non-material errors that may occur.
Similarly, although photographs and other reproductions of the products accurately represent them on the website—within the limits of technology and in compliance with the best Internet standards—these images are for indicative purposes only and are not contractually binding. In any case, if the delivered product does not conform to its description, the Company agrees to correct this error under the terms outlined in Article 12 below.
ARTICLE 4: ORDER CONDITIONS
To place an order on the website, the customer must be of legal age, have their usual residence in mainland France, Corsica, or Monaco, have legal capacity, and hold a credit card as defined in Article 8 below and a valid email address.
To place an order, the customer must create an account on the website by completing a form with certain mandatory fields required for the order to be processed.
Orders will be accepted in French or English and are subject to stock availability.
If, despite the Company’s vigilance, the ordered items are no longer available, the Company will inform the customer by any means (telephone call or email) as soon as possible and will refund the amount paid via the payment method used at the time of order registration, no later than 15 days. The Company shall not be held responsible for stock shortages or unavailability of items.
The customer agrees that all information provided to the Company on the website for the order is in compliance with these general terms and conditions, complete, accurate, and up to date. Otherwise, the Company reserves the right to cancel the order and the payment.
In accordance with Article L.122-1 of the Consumer Code, the Company shall have the right to refuse any abnormal order concerning retail sales.
The Company shall also have the right to refuse any order:
- (i) made by a customer with whom there is an existing dispute related to the payment of a previous order; or
- (ii) that does not comply with these general terms and conditions of sale; or
- (iii) that is intrinsically flawed due to a computer glitch or any other reason beyond its control, which distorts any information related to the products (description, price, designation, etc.).
If the Company finds that the order does not meet these general terms and conditions of sale (for example, incorrect delivery address, exceeding order thresholds), it will notify the customer within a maximum of six (6) days by phone or email.
If the customer fails to correct the erroneous or non-compliant elements in their order with the Company, the Company reserves the right to cancel the order and the payment.
Order placement on the website is subject to strict adherence to the procedures described below, also represented by a series of different screens showing the successive stages that the customer must follow to validate their order.
The Customer acknowledges having received, prior to placing their order, in a readable and understandable manner, these General Terms and Conditions of Sale and all the information and details referred to in Articles L111-1 to L111-7, including:
- The essential characteristics of the Product, considering the communication medium used and the Product in question;
- The price of the Products and any additional costs (such as delivery);
- If the contract is not executed immediately, the date or timeframe within which the Seller commits to delivering the Product;
- Information related to the Seller's identity, postal, phone, and email contact details, and their activities, if not obvious from the context;
- Information about legal and contractual warranties and their implementation procedures;
- The functionalities of digital content and, if applicable, its interoperability;
- The possibility of resorting to conventional mediation in case of dispute;
- Information regarding the right of withdrawal (existence, conditions, timeframe, methods of exercising this right, and standard withdrawal form), the cost of returning Products, cancellation methods, and other important contractual conditions.
The act of ordering on the website www.lip.fr implies full and unconditional acceptance of these General Terms and Conditions of Sale, which the Customer expressly acknowledges, renouncing, in particular, any contradictory documents that would be unenforceable against the Seller.
FIRST STEP: SELECTION OF ITEMS BY THE CUSTOMER
On the website, the customer selects, enters, and confirms the identification and quantity of the items they wish to order (availability to be confirmed by the Company); these items are added to the "CART."
SECOND STEP: VERIFICATION OF SELECTED ITEMS
Before finalizing their order and confirming acceptance of this order, the customer has the opportunity to review the details of their order and the total price and to freely modify their order, including deleting an initially selected item, adding an item, or adjusting the quantities ordered within the "CART."
Within the "CART," the price of the items, as defined in Article 6 below, is displayed automatically.
THIRD STEP: IDENTIFICATION, CONFIRMATION OF SELECTED ITEMS, AND ORDER PLACEMENT
Once the customer has completed their selection and wishes to validate the composition of the "Order Summary," they must then identify themselves:
- If the customer already has an account with the Company, they should log in using their email address (username) and password.
- If the customer does not have an account with the Company, they must create one by filling out the registration form in the "Create Your Account" section and the "Login" section of the website.
The customer must also validate:
- The delivery address for the order. It is specified that the delivery address may correspond to the address of the company where the customer conducts their professional activities, provided that it is located in mainland France, Corsica, or Monaco.
ARTICLE 5: PROOF OF ORDER
Generally, it is expressly agreed between the Company and the customer that emails will serve as proof between the parties, as well as the automatic recording systems used by the Customer Service or on the website, particularly regarding the nature and date of the order.
Order records are archived on a reliable and durable medium to ensure they correspond to a faithful and enduring copy, in accordance with Article 1348 of the French Civil Code. Additionally, the Company retains order-related documents for a period of 10 years and makes them available to the customer upon request sent to:
or
SMB Service LIP.fr
Rue des Maurapans Zac de Valentin
25870 Châtillon-le-Duc
However, it is recommended that the customer also retains a copy (in electronic and/or paper format) of the elements related to their order (for example, the email sent by the Company).
ARTICLE 6: PRICES
The prices displayed on the website are indicated in Euros and include all taxes (VAT included). The prices charged are those in effect at the date of order validation.
For any purchase of 179 euros including tax or more, the standard shipping costs for the delivery of items ordered on the website are covered by the Company and will not be charged to customers. For any purchase of 700 euros including tax or more, the express shipping costs for the delivery of items ordered on the website are covered by the Company and will not be charged to customers.
ARTICLE 7: PAYMENT TERMS
The customer’s payment for purchases is made by credit card or Apple Pay via Monetico Payment. The accepted credit cards are those branded with “CB,” including Visa, Mastercard, and American Express.
In this context, the customer agrees to make the payment using a credit card that they personally hold and which bears their name.
When paying online on the website, the customer accesses a secure server using the 3D Secure protocol. By providing their credit card number, the card’s expiration date, and the visual cryptogram numbers on the back of the card, the customer agrees in advance and without conditions for the Company to carry out the secure transaction. The customer thus authorizes their bank in advance to debit their account based on the records or statements provided by the Company, even in the absence of signed invoices from the cardholder.
The authorization to debit the customer’s account is always given for the amount of the purchased item(s) as invoiced by the Company.
The customer’s credit card is debited within a maximum of seven (7) days after the payment is validated by the customer on the website (i.e., following the click on the “VALIDATE” button on the bank details page or by phone) and after verifying that the order satisfies the terms and conditions of sale and the availability of the item(s).
If, for any reason (e.g., opposition, refusal from the issuing center…), the debit of the amounts due by the customer proves impossible, the order will not be processed by the Company.
ARTICLE 8: DELIVERY
The products purchased on the website can only be delivered within metropolitan France, Corsica, or Monaco.
The choice of carrier is at the Company’s discretion for all purchases made on the Lip.fr website.
Standard delivery fees are free for orders over €179 including VAT, for delivery to a home address, workplace, or DPD Pick Up point.
For orders under €179 including VAT:
- Standard delivery to a home address or workplace is €7.90 including VAT.
- Standard delivery to a DPD Pick Up point is €4.90 including VAT.
Express delivery fees are free for purchases of €700 including VAT or more, for Express home delivery, workplace delivery, or Chronopost relay points.
For orders under €700 including VAT:
- Express home or workplace delivery costs €13.90 including VAT.
- Delivery to a Chronopost relay point costs €8.90 including VAT.
Items will be shipped to the delivery address provided during the ordering process.
Delivery of the items can only occur:
- To the client’s usual place of residence, which must be in metropolitan France, Corsica, or Monaco.
- To the address of the company where the client performs their professional activity, provided it is located in metropolitan France, Corsica, or Monaco.
- To a Pick Up DPD or Mondial Relay point selected by the client.
In any case, delivery cannot be made to hotels or post office boxes.
The client agrees to provide the exact delivery address and any additional information (landline and mobile phone numbers) necessary for the proper delivery of the goods when confirming the order.
The Company cannot be held responsible if the delivery address entered during the order registration is incorrect or incomplete.
Delivery of the items will occur after the payment of the order amount, specifically after the debit of the client’s bank account or Apple Pay account and the crediting of the funds corresponding to the order amount to SMB’s account.
The client may benefit from standard delivery by DPD within an indicative average timeframe in metropolitan France, Corsica, or Monaco of 1 to 2 business days from the business day following the email confirmation of the carrier’s pickup of the parcel (indicative non-contractual duration).
According to Article L.138-1 and following of the Consumer Code, delivery of the ordered items will occur:
- No later than 30 days following the date of payment validation on the website, provided the full price has been paid.
- Within the timeframes communicated to the client, by email or phone, in case of temporary unavailability of the item, and if the client has accepted these.
If, at the time of delivery, the parcel appears damaged externally, the client should open it in the presence of the carrier to check the condition of the item, note all reservations on the delivery note, confirm these reservations by registered letter within 3 days of delivery, and inform the Company, especially by email to contact@lip.fr.
Failure to follow this procedure or accepting the order as is excludes any recourse against Lip.
The Seller commits to making their best efforts to deliver the products ordered by the client within the specified timeframes. These timeframes are provided for indicative purposes.
However, if the ordered products have not been delivered within 30 days of the indicative delivery date, due to reasons other than force majeure or client’s fault, the sale may be canceled at the client’s written request under the conditions set forth in Articles L 138-2 and L 138-3 of the Consumer Code. The sums paid by the client will be refunded no later than fourteen days following the contract cancellation, excluding any compensation or retention.
ARTICLE 9: RETENTION OF TITLE
The Company retains ownership of the ordered and delivered items until full payment of their price, including principal and interest, has been made, i.e., until the full and effective receipt of the price by the Company.
In the event of non-payment, either partial or total, the Company may, without prior notice, reclaim the item(s) that may have been delivered to the client.
The client assumes the risks associated with the items (including loss, theft, or damage) from the effective date of delivery.
ARTICLE 10: INTELLECTUAL PROPERTY RIGHTS
The website is the exclusive property of the Company, which has created and published the web pages, images, source scripts, and base data that it contains. Consequently, the client is prohibited from distributing or reproducing the site, in whole or in part, in any form whatsoever.
The Company’s products, as well as all figurative or non-figurative trademarks and, more generally, all other trademarks, illustrations, images, designs, and logos featured on the Company’s products sold online, their accessories, or their packaging, whether registered or not, are and will remain the exclusive property of the Company. Any total or partial reproduction, downloading, modification, or use of these trademarks, illustrations, images, logos, designs, and models for any purpose and on any medium, without the prior express written consent of the Company, is strictly prohibited. This also applies to any combination or conjunction with any other trademark, symbol, logo, and, more generally, any distinctive sign intended to form a composite logo. Any acts of infringement and complicity will be prosecuted in court.
Likewise, without the prior express written consent of the Company, the following are strictly prohibited:
- Creating hyperlinks to any of the pages or elements of the website;
- Using any of the elements of the website (such as displayed articles, descriptions, prices, data, software, graphics, images, texts, photographs, tools, etc.) for sale or any other direct or indirect commercial use.
ARTICLE 11: RIGHT OF WITHDRAWAL AND RETURN OF ITEMS
In accordance with Articles L.121-17 and following of the French Consumer Code, the client has the right to withdraw from the purchase without providing reasons within thirty (30) clear days from the receipt of the items. In this context, the client may return the delivered items within this period, in their original packaging, in perfect condition, complete (accessories, manual, warranty, box, cushion, link(s), protective films, etc.), and accompanied by a copy of the invoice and the withdrawal form, to the address indicated on this form.
The Company reserves the right to refuse the return if these conditions are not met.
To request a return, the client must log into their customer account, select their order, submit their withdrawal request, complete the return form, and arrange the return with SMB. The cost of return is covered by the Company, and the return label will be sent to the client by email after approval by the Company. The return of the items must be carried out according to the instructions provided by the Company.
The client must ensure that the products are properly packaged to prevent any damage during transport.
It is the client’s responsibility to retain any proof of the return.
Custom items are neither exchangeable nor refundable.
The refund will be processed using the payment method used when placing the order, within a maximum of fourteen days from the day the returned item(s) are received by the Company and after inspection of the products and their potential accessories by a certified watchmaker.
Items returned incomplete, damaged, or soiled due to the client’s actions will not be fully refunded.
ARTICLE 12: CONFORMITY - WARRANTY
The client must ensure that the items delivered match their order.
If the delivered items do not conform to the order, the client must, within a maximum of 30 days from receipt of their package, complete the “Return Form” to request a return. To request a return, the client must log into their customer account, access their order to submit their return request, complete the return form, and arrange the return with SMB. The cost of the return is covered by the Company, and the return label will be sent to the client by email after the Company’s approval. The return of items must be done according to the instructions provided by the Company.
Returned items must be in their original packaging, in perfect condition, complete (accessories, manual, warranty, boxes, cushions, links, protective films, etc.), and accompanied by a copy of the invoice and the Return/Exchange form to the address indicated on the form.
The return of items must be carried out according to the instructions provided by the Company, with the return costs being borne by the Company.
The client must ensure that the products are properly packaged to prevent any damage during transport.
The Company reserves the right to refuse the return if these conditions are not met.
If an exchange is not possible, a refund of the invoiced price for the non-conforming returned items will be processed by crediting the payment method used when placing the order on the website, within thirty days following the receipt of the returned items by the Company.
Items returned incomplete, damaged, or soiled due to the client’s actions will not be fully refunded.
ARTICLE 13: WARRANTY
The commercial warranty offered by the seller is 2 years from the date of purchase for LIP watches purchased from the Lip.fr website.
We only accept warranty claims for watches purchased on the website www.lip.fr. For other cases, please contact the nearest authorized dealer or consult the FAQ section on “Warranty.”
You can find a list of authorized LIP dealers at the following link: LIP Authorized Dealers
To benefit from the warranty, the client must log into their customer account, access their watch order, submit a request for warranty service, and arrange the return with SMB. The cost is covered by the Company, and the return label will be sent to the client by email, along with a return label whose cost is borne by SMB. The return of watches under warranty must be carried out according to the instructions provided by the Company.
The warranty card received with the watch or a copy of the purchase invoice from the website must be included with the return. Upon receipt of the watch under warranty and after verification by our workshop, we will repair or exchange it.
This warranty provides 2 years of free repair for any issue due to a manufacturing defect. However, the warranty does not cover:
- The glass, battery, and strap
- Defects resulting from improper use or accidents
- Normal wear and tear of the watch
- Damage caused by interventions outside our workshops
- Damage caused by natural disasters, such as earthquakes and floods
If the watch has the mention “WATER RESISTANT” on the back of its case, this warranty covers damage caused by water infiltration. However, please check the degree of water resistance with the chart below.
If your watch does not indicate water resistance, keep it away from water. It is not water-resistant, and contact with water may damage the watch and its mechanism.
Water Resistance Levels:
- Non-Water Resistant: If the back of the case states “Non-Water Resistant” or if there is no indication, the watch is designed to withstand a pressure of 1 bar/1ATM. It can only resist light rain and dust. It should not come into contact with water, such as handwashing, dishwashing, swimming, bathing, or showering. It must not be submerged or exposed to water jets.
- Water Resistance 30m: If the back of the case reads “WATER RESISTANT 30M,” the watch is designed to withstand pressure up to 3 bar/ATM, which does not equate to an actual depth of 30 meters underwater. It can handle accidental contact with water, such as splashes, rain, sweat, or handwashing. It is not suitable for dishwashing, swimming, bathing, or showering. It should not be submerged.
- Water Resistance 50m: If the back of the case reads “WATER RESISTANT 50M,” the watch is designed to withstand pressure up to 5 bar/ATM, which does not equate to an actual depth of 50 meters underwater. It can handle accidental contact with water, such as splashes, rain, sweat, or handwashing. It is suitable for dishwashing, brief immersion in shallow water such as bathwater. However, direct water jets from a shower or faucet may exceed 5 bar pressure and could damage the watch.
- Water Resistance 100m: If the back of the case reads “WATER RESISTANT 100M,” the watch is designed to withstand pressure up to 10 bar/ATM, which does not equate to an actual depth of 100 meters underwater. It is suitable for bathing, showering (but avoid prolonged exposure as hot water can degrade the watch’s water resistance over time), swimming, and diving. It is not recommended for deep-sea diving. For deep-sea diving, we recommend using a professional LIP diving watch with a water resistance of 200 meters.
- Water Resistance 200m: If the back of the case reads “WATER RESISTANT 200M,” the watch is designed to withstand pressure up to 20 bar/ATM, which does not equate to an actual depth of 200 meters underwater. It is suitable for shallow water diving as well as deep-sea diving with scuba gear.
Absolute water resistance cannot be guaranteed permanently. It can be affected by aging seals or accidental shocks to the watch. We recommend having the water resistance checked annually by LIP’s customer service or an authorized LIP dealer.
If, during the warranty period, the item has been handled and damaged by someone other than an official LIP dealer, the warranty will not apply.
Regardless of the warranty provided, the Company remains liable for defects in conformity of the goods to the contract and hidden defects under the conditions outlined in Articles 1641 to 1649 of the French Civil Code.
Article 1641 of the Civil Code: The seller is liable for hidden defects of the item sold that render it unfit for the intended use or that diminish its use so much that the buyer would not have purchased it or would have paid a lower price if they had known about these defects.
Article 1648 of the Civil Code: The action resulting from hidden defects must be initiated by the buyer within two years from the discovery of the defect.
Article L211-4 of the Consumer Code: The seller is required to deliver goods that conform to the contract and is responsible for defects of conformity existing at the time of delivery.
Article L211-5 of the Consumer Code: To be in conformity with the contract, the goods must:
- Be fit for the usual purpose expected of a similar item, and, if applicable:
- Match the description given by the seller and have the qualities that the seller has presented to the buyer in the form of a sample or model;
- Present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer, or their representative, notably in advertising or labeling;
- Or have the characteristics defined by mutual agreement of the parties or be fit for any special use sought by the buyer, disclosed to the seller and accepted by the latter.
Article L211-12 of the Consumer Code: The action resulting from a lack of conformity is barred after two years from the delivery of the goods.
If the repair is not covered under the warranty, the customer must log in to their customer account and access their watch order from Lip.fr to request a return for out-of-warranty service, complete the return form, and arrange the return with SMB. Returns for out-of-warranty watches must be made according to the instructions provided by the Company. Shipping costs will be the responsibility of the customer.
Once the watch is received by the Company, they will provide a quote before any intervention. If the quote is declined, the product will be returned to the customer, with return shipping costs borne by the customer. The return will be sent via Colissimo with a signature required. If the customer does not wish to have their watch returned, SMB will arrange for its disposal in accordance with applicable laws. If the quote is accepted, after repair or replacement, the watch will be sent back via Colissimo with a signature required.
ARTICLE 14: PERSONAL DATA
In the context of sales made through the website, the Company processes its customers’ personal data. The data collected are necessary for processing the order and may be communicated to the Company’s service providers involved in executing the order.
In accordance with the French Data Protection Act of January 6, 1978, the customer has the right to access, modify, rectify, object to, and delete their personal data. To exercise these rights, the customer can send an email to: contact@lip.fr
or send a postal letter to:
SMB
Service Lip.fr
BP 87504
25075 Besançon Cedex 9
France
ARTICLE 15: VALIDITY OF THE GENERAL TERMS AND CONDITIONS OF SALE
The Company’s performance of all or part of its obligations will be suspended in the event of a fortuitous event or force majeure that hinders or delays its execution.
Such events include, but are not limited to, war, riots, insurrection, social disturbances, telephone or computer failures, serious disruptions to Internet security and consistency, and strikes of all kinds.
The Company will inform the customer of such fortuitous events or force majeure within seven days of their occurrence. If this suspension of the Company’s obligations continues for more than fifteen days, the customer will have the option to cancel the ongoing order, and the Company will then process a refund to the customer’s bank account or Apple Pay account as soon as possible.
The Company’s decision not to enforce any of the provisions of these General Terms and Conditions of Sale at any given time cannot be interpreted as a waiver of its right to invoke the non-performance of those provisions, whether total or partial, at a later date.
ARTICLE 16: LITIGATION - APPLICATION LAW
If any provision of these General Terms and Conditions of Sale is declared null and void in whole or in part, the remaining provisions and the rights and obligations arising from these General Terms and Conditions of Sale shall remain unchanged and applicable.
These General Terms and Conditions of Sale are governed by and interpreted in accordance with French law, without regard to conflict of laws principles.
These General Terms and Conditions of Sale are written in French and English.
The competent court will be the French court with territorial jurisdiction under French law.
SMB reserves the right to seek and obtain injunctions or orders to protect its rights under these terms.
ALL DISPUTES ARISING FROM THE PURCHASE AND SALE OPERATIONS CONCLUDED UNDER THESE GENERAL TERMS AND CONDITIONS OF SALE, WHETHER RELATING TO THEIR VALIDITY, INTERPRETATION, PERFORMANCE, TERMINATION, CONSEQUENCES, AND FOLLOW-UPS, AND WHICH CANNOT BE RESOLVED BETWEEN THE SELLER AND THE CUSTOMER, WILL BE SUBJECT TO THE COMPETENT COURTS UNDER COMMON LAW.
In the event of a dispute between a professional and a consumer, the parties agree to attempt to resolve any disagreement amicably that arises from or in connection with the application, interpretation, or execution of the General Terms and Conditions of Sale, prior to any legal action.
In the case of a dispute with a consumer, the consumer may choose to either bring the case before the court of the place of performance of the service or before the court of the location of SMB’s registered office.
These distance selling terms are subject to French law.
For all disputes or litigation, the competent court will be the court of BESANÇON.