Terms and conditions of sale

festina-algerie.dz (the "Site") is published by EURL Gold Time — Cité Khemisti, Résidence Nassim-El-Bahr no. 3, Bloc A3, ilot E1, 31130 Oran, Algeria. Phone: 05 60 37 77 87.

This is a translation of the French terms, provided for convenience. In the event of a discrepancy, the French version prevails.

Application of these terms

These terms and conditions of sale (the "Terms") apply to every order for products (the "Products") placed on the Site with EURL Gold Time by any person (the "Customer").

The Customer must read the Terms before placing an order (the "Order"); they are available on the Site at all times.

Gold Time may adapt or amend these Terms at any time. The version applying to a sale is the one published on the Site when the Order is placed. Placing an Order means accepting the Terms in advance and without reservation.

1. The Site and its availability

The Site is an e-commerce site owned and operated by EURL Gold Time.

It is in principle available 24 hours a day, 7 days a week, save for interruptions — planned or otherwise — for maintenance, for security reasons, or in a case of force majeure. Gold Time is not liable for any damage of any kind arising from the Site being unavailable.

Gold Time does not warrant that the Site is free of faults or errors, nor that it runs without interruption, and is not liable for data transmission, connection or network availability problems.

Gold Time may develop the Site for technical or commercial reasons. Where such changes do not substantially alter the conditions of the service, the Customer may be informed of them without their acceptance being sought.

2. Products

The Products offered for sale are those described on the Site on the day it is consulted, while stocks last. Availability is updated automatically; an updating error, whatever its origin, does not engage Gold Time's liability, and Gold Time is not liable for the cancellation of an Order because stock has run out.

Gold Time takes the greatest care over the presentation and description of its Products. Errors may nonetheless remain on the Site, which the Customer acknowledges and accepts.

3. Orders

Orders follow the procedure set out on the Site: the Customer adds the Products of their choice to the basket, which lists the Products, their prices and the associated costs. The basket may be freely amended until the Order is confirmed.

Confirming the Order constitutes acceptance of the Terms, of the Products purchased, of their price and of the associated costs.

A confirmation message summarising the Order — Products, quantities, prices, availability — is sent to the Customer, who accepts the use of email for that purpose.

4. Refusal to process an Order

Gold Time may withdraw any Product displayed on the Site at any time and amend any content appearing on it. It may also decline to process an Order after having sent the Customer its confirmation.

Gold Time is not liable, to the Customer or to any third party, for the consequences of withdrawing a Product, amending Site content, or declining to process an Order.

Gold Time may also refuse or cancel an Order from a Customer with whom it has a payment dispute over a previous order, or where there is objective suspicion of fraud.

5. Prices and payment

Prices are shown on the Site in Algerian dinars, inclusive of all taxes, including VAT applicable in Algeria.

Gold Time may change its prices at any time; Products are invoiced at the price in force when the Order is recorded, subject to availability.

Products are payable in full: in cash on delivery, or by electronic payment where that means is offered, through the payment provider's secure platform.

The data recorded and kept by Gold Time constitutes proof of the Order and of the sales concluded.

6. Delivery

Deliveries are carried by Yalidine, according to the option the Customer chooses when confirming the Order. Delivery means the transfer to the Customer of physical possession of the Products.

The delivery costs applicable are those shown on the Site at the time of the Order, on the Shipping costs page.

Where Gold Time arranges carriage, the risk of loss or damage passes to the Customer on delivery. By exception, it passes when the Product is handed to the carrier where that carrier was appointed by the Customer.

Delivery is made to the address given by the Customer: their own residence, that of a person of their choosing, or that of a company. It cannot be made to a hotel or to a post-office box.

Where delivery proves impossible — a wrong address, or an Order not collected from the chosen pickup point — no second dispatch is made and the Customer is refunded within five (5) days of Gold Time receiving the Order back.

Gold Time delivers within a maximum of six (6) working days anywhere in the country, counted from the first working day after the Order is confirmed. For that to hold, the Customer must give an exact and complete delivery address.

Gold Time is not liable for a delay in carriage that is not its doing or that is justified by force majeure. Where the delivery time is exceeded, the Customer may ask for the sale to be cancelled and obtain, within a maximum of fourteen (14) days of that request, a refund of the sums paid; that refund is the only remedy, to the exclusion of any other form of compensation.

7. Right of withdrawal, returns and refunds

7.1 Time limit and how to exercise it

A non-professional Customer has three (3) days from confirmation of the Order to exercise their right of withdrawal, without having to give a reason.

Withdrawal is exercised by sending the form appended to these Terms, by post to Festina Algérie — Société Gold Time, Cité Khemisti, Résidence Nassim-El-Bahr no. 3, Bloc A3, ilot E1, 31130 Oran, or by email to e-commerce@festina-algerie.dz.

7.2 Returning the Product

The right of withdrawal is exercised without penalty. Return postage remains the Customer's, and the return is at their risk.

Only Products returned complete, in perfect resaleable condition and in their unopened original packaging can be refunded. After the withdrawal period, the sale is firm and final.

7.3 Refunds

The refund is made no later than fourteen (14) days from the date Gold Time is informed of the Customer's decision, provided it has been able to recover the returned Products.

It is made using the same means of payment as the Order, unless the Customer expressly agrees to another, and at no cost to them.

Return costs are borne by Gold Time where the Product delivered differs from the Product ordered or arrives damaged.

8. Warranties and limitation of liability

8.1 Limitation of liability

Gold Time's liability in respect of any Product bought on the Site is limited to that Product's purchase price. Gold Time is in no case liable for indirect losses, whatever their origin: loss of revenue, of sales, of business, of profits or contracts, loss of anticipated savings, loss of data, loss of working or management time, damage to image, loss of opportunity, or non-material damage.

It is for the Customer to install appropriate protection against viruses and malicious programs on their equipment; they bear the risks attached to content downloaded through the Site.

8.2 Legal warranties

Every Product sold on the Site carries the legal warranty of conformity and the warranty against hidden defects, which allow the Customer to return a defective or non-conforming Product at no cost.

A Product conforms where it matches the description published on the Site, is fit for the purpose products of that kind are ordinarily used for, and is of the quality that can reasonably be expected of it.

Excluded from warranty are Products modified, repaired or added to by the Customer, apparent defects, and Products damaged after delivery, in transit or through misuse.

8.3 Making a claim

For any claim under the legal warranties, the Customer contacts customer service at e-commerce@festina-algerie.dz or on 05 60 37 77 87, Sunday to Thursday from 9 a.m. to 5 p.m. These provisions are independent of the right of withdrawal set out in article 7.

8.4 Consequences

Under the legal warranty of conformity, Gold Time undertakes, at the Customer's choice, to replace the Product with an identical one subject to available stock, or to refund its price where replacement proves impossible.

Under the warranty against hidden defects, Gold Time undertakes, once the defect has been assessed and at the Customer's choice, to refund the full price of the returned Product, or part of that price where the Customer decides to keep it.

8.5 Force majeure

Where an event of force majeure prevents performance of these Terms, Gold Time informs the Customer within fifteen (15) days. Such events include strikes, lock-outs, riots, civil unrest, insurrection, war, acts of terrorism, severe weather, epidemics, blocking of transport or supply, earthquake, fire, storm, flood, water damage, government or legal restrictions, computer failure and blocking of telecommunications.

The parties' obligations are suspended for the duration of the event, without compensation. Where it lasts more than three (3) months, the transaction concerned may be terminated at the request of either party, without compensation. Non-payment cannot be justified by force majeure.

9. Retention of title

Gold Time retains full title to the Products sold until their price is paid in full, including costs, taxes and mandatory contributions.

10. Partial invalidity

Where one or more provisions of these Terms are held invalid under a law, a regulation or a final decision of a competent court, the other provisions keep their full force and effect.

11. No waiver

No tolerance, inaction or delay on Gold Time's part may be construed as a waiver of its rights under these Terms.

12. Governing law and jurisdiction

The sale of the Products is governed by Algerian law. Failing an amicable settlement, any dispute over the interpretation, performance or termination of these Terms is submitted to the courts having jurisdiction.

Appendix: withdrawal form

To be completed and returned only if you wish to withdraw from the contract. Please include your order number.

For the attention of Festina Algérie — Société Gold Time, Cité Khemisti, Résidence Nassim-El-Bahr no. 3, Bloc A3, ilot E1, 31130 Oran — e-commerce@festina-algerie.dz.

• I hereby give notice of my withdrawal from the contract for the sale of the goods below:
• Ordered on … (order date) and received on … (delivery date)
• Order number:
• Customer name:
• Customer address:
• Date, and signature if sent on paper:

For any question, contact customer service at e-commerce@festina-algerie.dz or on 05 60 37 77 87.

Cookies and browsing data

The Site places two cookies on the Customer's device, both strictly necessary for it to work. There are no advertising cookies and no social-network cookies.

• Cart: a basket identifier, which is what keeps the selected Products from one visit to the next. Without it the basket would be emptied on every page.
• Audience measurement: a session identifier made of a random number and nothing else. It holds no name, address or telephone number, and is not derived from any of the Customer's data. It is kept for six months at most.

The session identifier lets Gold Time count the pages and Products viewed on the Site and measure how many visits end in an Order. These measurements are used to improve the Site and the range it offers.

Browsing records attached to a session identifier are kept for ninety days, then aggregated into daily totals from which no individual visitor's path can be reconstructed. They are not sold, not passed to third parties, not used for advertising profiles, and not matched against an identified Customer's Orders.

The Customer may delete these cookies or refuse them at any time in their browser settings; audience measurement then stops applying to them, but the basket will no longer work.

Legal notice

Confidentiality of correspondence is not guaranteed over the internet. It is for each user to take appropriate measures to protect their own data and software from possible contamination.