These terms of use (the “Terms”) govern access to and use of the website coindesmontres.fr (the “Site”). The Site is a community service dedicated to watchmaking, including in particular publishing and discussion areas, a digital watch passport and a classified ads service. Creating an account constitutes full and unreserved acceptance of the Terms.

Registration entails acceptance of the Terms, the version and date of acceptance of which are retained. The publisher may amend the Terms at any time; Members are informed thereof and continued use of the Site constitutes acceptance of the new version. A Member who refuses it may delete their account at any time.

Registration is free of charge and open to any person aged at least 15 who undertakes to comply with the Terms; publishing listings and concluding sales are reserved for Members of legal age. Each registered user (a “Member”) is responsible for keeping their login credentials confidential.

• Each Member may publish no more than five active listings, relating exclusively to watches they own.
• The publisher acts as a technical intermediary: it is not a party to sales, collects no payment and receives no commission. Sales are concluded directly between Members, under their sole responsibility.
• Listings are ranked in reverse chronological order or according to the selected sorting criterion. Listings that are featured are identified as such and are displayed at the top of the list, whatever sort order is selected.
• When publishing a listing, the Member states whether they are acting as a private individual or as a professional; this status is shown on the listing. Consumer law rules, including the right of withdrawal and the legal guarantee of conformity, do not apply to sales concluded with a private individual. A professional Member remains bound by all obligations imposed by the French Consumer Code. Income from sales may be subject to tax and social contributions; the seller is informed of this at each completed sale and can find the applicable rules on impots.gouv.fr and urssaf.fr.

The publisher applies a zero tolerance policy towards counterfeit watches. The sale, exchange, gratuitous transfer and any introduction of parties concerning the following are strictly prohibited:

• Counterfeits: any watch reproducing or imitating, without the authorisation of the rights holder, a trade mark, logo, registered design, drawing or any other protected distinctive sign.
• Replicas and fake watches: whatever terminology is used to describe them (“replica”, “clone”, “superclone”, “AAA”, an “homage” presented as genuine, etc.).
• Altered watches presented as genuine: non-original parts, dials, movements or components that have been replaced and then presented as original without clear and fair disclosure.
• Falsified documents: counterfeit or falsified certificates, invoices, papers or warranties accompanying a watch.

Legal framework. Counterfeiting is an offence punishable under the French Intellectual Property Code (in particular articles L.335-2 and L.716-9 et seq.). It carries penalties of up to three years’ imprisonment and a fine of €300,000, increased to seven years and €750,000 where the offence is committed by an organised group. Manufacturing, importing, holding, offering for sale and selling counterfeits are likewise punishable. The purchaser of a counterfeit is also exposed to penalties, including customs penalties.

Sole liability of the seller. The selling Member warrants the authenticity of the watches they offer and remains solely and fully liable, in both civil and criminal terms, for their conformity and lawfulness. By publishing a listing, the seller certifies that the item is genuine and that they are its lawful owner.

Role of the publisher. The publisher acts solely as a technical intermediary and does not systematically authenticate the watches offered. It cannot under any circumstances be held liable for the sale, circulation or acquisition of a counterfeit between Members. It nevertheless reserves the right, at its sole discretion and without notice, to remove any suspicious listing, to suspend or permanently close the account concerned, and to retain material relevant to any proceedings. The trade marks mentioned on the Site belong to their respective owners; coindesmontres.fr is not affiliated with any of them.

Reporting. Any questionable listing may be reported using the “Report” function or at contact@coindesmontres.fr.

Sanctions. Any breach of this article results in immediate removal of the listing and permanent exclusion of the Member, without notice or refund of any services purchased, and without prejudice to proceedings that may be brought by rights holders or the authorities.

Members remain solely responsible for the content they publish. Unlawful, insulting, defamatory or hateful content, unsolicited advertising and the disclosure of third parties’ personal data are prohibited in particular. Any content may be reported using the “Report” function or at contact@coindesmontres.fr. Manifestly unlawful content is removed promptly; the Member concerned is informed of the reasons for the decision and may contest it at the same address.

By publishing content (photograph, text, review, listing), the Member grants the publisher, free of charge and on a non-exclusive basis, worldwide and for the duration of its publication on the Site, the right to reproduce it, adapt it (in particular to crop or resize photographs) and display it on the Site and its communication media. The Member warrants that they hold the necessary rights to the content they publish.

Any person, whether a Member or not, may report content they consider unlawful through the “Report content” page, accessible from the footer; an acknowledgement of receipt is sent to them, followed by the decision taken. A listing that has been reported three times is temporarily hidden pending its review. Both the person who made the report and the Member concerned may contest the decision at contact@coindesmontres.fr, without prejudice to their right to bring the matter before the competent courts.

The publisher acts as host of the content published by Members and as a technical intermediary between sellers and purchasers. It cannot be held liable for transactions concluded between Members, the authenticity of the watches offered, the accuracy of published listings and descriptions, or information declared in passports.

Each Member is solely responsible for the content they publish and for compliance with applicable law, in particular regarding intellectual property. Any breach of the Terms may result in suspension or closure of the account.

The Terms are governed by French law. Any question relating to the Site may be sent to contact@coindesmontres.fr, which is also the single point of contact within the meaning of Regulation (EU) 2022/2065 on digital services (languages: French, English).