Terms & Conditions of Sale
ARTICLE 1: THE COMPANY
The present terms and conditions of sale (hereinafter, the “Terms and Conditions”) are those of MONNIER Frères, a French corporation (SAS) with a share capital of 3,804,379 Euros, incorporated under the laws of France, having its registered office at 2 place des Victoires - 75001 Paris – France, registered with the Commerce and Company Registry of Paris under the number 529 256 190 (hereinafter, the “Company”)
ARTICLE 2: SCOPE
The Terms and Conditions shall apply with no restriction or reservation to all sales concluded through the Company’s website www.monnierfreres.com and its national variations (hereinafter, the “Website”) by customers having their principal residence in a country which is not already covered by one of the specific terms and conditions of sale applicable to such country.
The sales concluded through the Website and governed by the Terms and Conditions are reserved exclusively to orders made by customers who are adult natural persons acting as end-users (hereinafter, the “Customer”).
ARTICLE 3: ACCEPTANCE OF THE TERMS AND CONDITIONS
By submitting an order through the Website and checking the box “I have read and I agree with the Terms and Conditions”, the Customer unconditionally agrees to the Terms and Conditions, excluding any other conditions, said conditions being viewable at the time the Client checks the box.
The Company reserves the right to modify or update the Terms and Conditions from time to time. In such case, the updated version will be available on the Website. The Terms and Conditions applicable to an order are those in force at the time such order was made by the Customer.
ARTICLE 4: ORDERS
4.1 Creation of a Customer account
At the time of the first order, the Customer may create a Customer account on the Website. In order to do so, the Customer will be required to provide personal details, among which the ones which are mandatory will be designated by an asterisk. In order to open the Customer account, the Customer must provide a username and a password. Details of how we use Customer information are set out in Article 14. The Customer may also decide to place an order as a guest, without creating an account.
4.2 Purchase order
The Customer shall follow all the steps described on the Website in order to purchase the products. The Customer shall, first, add the selected products to the list of his shopping items, identify himself and provide the address for delivery and the selected method of payment. Information concerning the main characteristics and the prices of the selected products is provided before the placing of the order by the Customer.
The Customer shall, at all times before confirming his order, check that all the details he provides are correct, as well as the price of his orders. Once the order is confirmed by the Customer, it cannot be modified by the Customer. Once placed and accepted by the Company as set of in Article 4.3, the Customer may not cancel any order. Notwithstanding the foregoing, in the event a product is unavailable, the Company will inform the Customer by email, which email will, as applicable, specify the date on which such product will be available. If the product is indefinitely unavailable or if the Customer does not wish to wait for the product to become available, and if, and only if, a payment has been made for such product, the Company will reimburse the purchase price the Customer paid for the product.
4.3 Acceptance of the order
The Customer’s order constitutes an offer to the Company to buy a product. All orders are subject to acceptance by the Company. Once the order has been accepted by the Company, the Customer will receive an email of acceptance acknowledging the details of the order. The sale contract will only be formed at that moment. The Company reserves the right to refuse an order if the Customer’s bank or other financial institution does not authorize the payment. The Company also reserves the right to refuse an order for any reason and, in particular, in cases where the product is unavailable, if too many products have been ordered, if a dispute has occurred between the Customer and the Company in the past, or if the Customer failed to pay a past order.
4.4 Liability of the Customer
The Customer is responsible for all information provided. In case there is a mistake in any information provided by the Customer, he shall be responsible for all consequences resulting from such mistake, and in particular in case of loss of the ordered products.
ARTICLE 5: INFORMATION ON PRODUCTS
5.1 Description of the products
The Company shall not be liable for any mistakes made in the presentation of the products on the Website, as long as the delivered product complies with its written description on the accepted order. All the photographs, pictures and reproductions presented on the Website are provided for the Customer’s information only. The Company shall not be liable in the event of insubstantial differences between the presentation photos of the products on the Website, wordings and illustrations and the products ordered.
Products may be purchased only if they are displayed on the Website and available when the order is accepted by the Company. In the event a product is unavailable, the Company will inform the Customer by email. Where appropriate and possible, the email will specify the date on which the product will be available. If the product is definitely unavailable or if the Customer does not wish to wait for the product to be available, the Company will reimburse the price of the product, if a payment has been made, within 30 days following the payment date by the Customer.
ARTICLE 6: PRICES
Prices displayed on the Website are quoted in US dollars, not including applicable taxes and excluding delivery charges subject to Article 9 of these Terms and Conditions. Delivery charges, if there are any, shall be notified to the Customer at the time he makes his order. The total amount of the order is notified to the Customer before final confirmation by the Customer. Your credit card issuer might charge a currency conversion fee. Please note that the currency conversion fee is non-refundable. The Company reserves the right to modify at any time the price of the products. The invoice price is the one in force at the time the order is accepted, subject to availability of the products.
ARTICLE 7: PAYMENT
7.1 Forms of payment
The Company accepts only the following forms of payment:
- Credit card: the only credit cards accepted are from Visa, American Express and Eurocard/Mastercard.
- PayPal payment service.
For any credit card payment, the Customer guarantees to the Company that he is the owner of the card and that the name written on the card is his name or that he has been authorized by the owner of the card to use it for the payment of the order. The Customer shall provide the card details, date of validity and security code allowing the use of the card for payments.
7.2 Security of payments
The Company uses a secure online payment system for credit cards and keeps confidential all banking details by encrypting all payment card data during their transmission.
ARTICLE 8: RETENTION OF TITLE
The Company shall retain ownership of the products until full settlement of the price by the Customer. The payment is effective when the money is actually received by the Company. In case of failure to pay, in whole or in part, the Company may, without prior notice, claim back the products delivered by the Company to the Customer or to any other beneficiary. The products will be at the Customer’s risk from the time of delivery.
ARTICLE 9: DELIVERY
9.1 Place of delivery
Delivery may occur only at the delivery address provided by the Customer during the order and accepted by the Company. The Company reserves the right to refuse to deliver products in hotels, post office boxes, or to any other invalid or temporary address.
The Company delivers to the following countries:
Argentina, Australia, Austria, Bahrain, Belgium, Brazil, Bulgaria, Canada, Chile, China, Columbia, Cyprus, Czech Republic, Denmark, Egypt, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, India, Indonesia, Ireland, Italy, Japan, Kuwait, Latvia, Lebanon, Lithuania, Luxemburg, Malaysia, Malta, Mauritius, Mexico, Morocco, New Zealand, Norway, Oman, Poland, Portugal, Qatar, Romania, Saudi Arabia, Singapore, Slovakia, Slovenia, South Africa, South Korea, Spain, Sweden, Switzerland, Taiwan, Thailand, The Netherlands, The Philippines, The United Arab Emirates, The United Kingdom, The United States, Turkey.
9.2 Delivery charges
Delivery charges and costs will be those indicated on the FAQ page.
9.3 Customs duties and taxes
- International Shipments on a Delivered Duty Paid (DDP) basis:
Shipments to the following countries will be delivered on a DDP (Delivered Duty Paid) basis, which means that all relevant sales taxes, import fees and customs duties are included in the purchase price. If, by mistake, our shipping partner invoices you for these costs, please contact us immediately, as you are not required to pay any additional fees.
List of DDP countries:
Argentina, Australia, Bahrain, Brazil, Canada, Chile, China, Columbia, Egypt, Hong Kong, India, Indonesia, Japan, Kuwait, Lebanon, Malaysia, Mauritius, Mexico, Morocco, New Zealand, Norway, Oman, Qatar, Saudi Arabia, Singapore, South Africa, South Korea, Switzerland, Taiwan, Thailand, The Philippines, The United Arab Emirates, The United States, Turkey.
- Shipping to Brazil:
Shipments going to Brazil have a maximum value limit of $3000 (USD). These value limits are also in effect for return shipments including exchanges.
9.4 Delivery timing
An indicative date for the delivery of the products will be provided on the overview Website page presented to the Customer before the definitive confirmation of the order. This date will be confirmed at the time of the acceptance of the order by the Company.
In case of delivery delays the Customer shall call upon the Company to make the delivery within an additional period of time appropriate to the circumstances by registered letter with acknowledgment of receipt or by written notification on another durable medium in accordance with applicable laws, to the following address: MONNIER FRÈRES, 2 place des Victoires - 75001 Paris - FRANCE. If the Company fails to deliver the product within that additional period of time, the Customer shall be entitled to cancel the sale contract by registered letter with acknowledgment of receipt or by written notification on another durable medium in accordance with applicable laws, to the above-mentioned address.
The sale agreement will automatically be considered as cancelled the day the written request to cancel the sale contract is received by the Company, unless the product has been delivered before the receipt of the written request to cancel the sale contract. In case the order is cancelled in such way, the Company will refund the Customer at the latest within 14 days following the reception of the written request to cancel the sale contract by the Company.
ARTICLE 10: RIGHT OF WITHDRAWAL, RETURN AND REFUND POLICY
10.1 Legal fourteen day cooling off period
In accordance with article L121-21 et seq. of the French Consumer Code, when applicable, the Customer has fourteen working days, beginning the day after receipt of a product by him or by a third party other than the carrier and indicated by the Customer, to cancel the Customer’s purchase without giving any reason and without penalty or any cost of return. These are taken care of by the Company. Please note that the Company will not refund customs duties and sales taxes for orders sent to destinations outside of the European Union.
10.2 General refund policy
Under the Company’s general refund policy, the Customer has a period of 14 days, from the day of receipt of the products, to obtain a refund of his order, without giving any reason and without penalty or any cost of returning the products to the Company. These are taken care of by the Company. At the end of this 14 days period, the Customer can no longer exercise his right of withdrawal.
If the Customer wishes to exercise his legal right of withdrawal or the Company’s refund policy within the above mentioned 14 days period, the Customer must inform the Company by contacting the Customer Service via email at [email protected] or by phone at +1 917-722-6038 (this is a non-premium rate number) between 8AM to 9PM New York time, Monday to Friday or at +44 20 3514 4833 for other international customers located in the Middle East and in Africa (this is a non-premium rate number) between 9AM to 8PM Paris time, Monday to Friday.
The Customer must return the cancelled items to the Company no later than 14 days from the day on which he has notified his decision to cancel the order, in accordance with the conditions set out below. The product shall be returned in its original packaging, in perfect condition, in full (accessories, instructions of use, warranty leaflet, etc.), along with the delivery receipt to the address provided by the customer service and following the instructions given by the customer service. Any products that are damaged, incomplete, used, worn, washed, soiled or returned with a damaged original packaging, will not be taken back or exchanged by the Company. If the seal and/or the tags affixed to the products are broken or removed, the Company may also not take back the products.
The Customer will only obtain a refund of the products under this Article if he proves that the product has been returned. In order to do so, the Customer shall return the product in a way which allows the written proof of the date of return. The Company will refund the price of the product in full, and any applicable delivery charges.
The Company will process the refund due to the Customer at the latest within 14 days from the day of which the Company is informed of the Customer’s decision to exercise his right of withdrawal, provided that all bank details necessary for the refund have been provided to Company.
IMPORTANT: The Company will not refund customs duties and sales taxes for orders sent to destinations outside of the European Union. Depending on the country to which your order was sent, you may be able to contact your local customs bureau directly for a refund of these costs. Please take note that for orders sent to destinations outside of the European Union where deliveries have been refused by the Customer or the Customer was not available to receive the delivery, the Company will not refund customs duties and sales taxes.
Please note that for certain banks it can take up to 10 working days to process refunds on a credit card. The refund processing time depends on the card issuers and the Company is not in a position to rush the refund process.
ARTICLE 11: WARRANTY AND LIABILITY
The products sold on the Website are subject to the terms of French legal warranties provided for in Articles L211-4 to L211-13 of the French Consumer Code and in articles 1641 and 1648 of the French Civil Code to the exclusion of all and any other warranties:
- French legal warranty of conformity: the Company shall deliver to the Customer products which conform to the contract and are exempt of any lack of conformity at the time of delivery, in the sense that the products shall be of satisfactory quality and fit for the purpose for which goods of the same type are normally used and comply with the specifications agreed on at the time of the acceptance of the order. This warranty shall only take effect on condition that the Customer requests it within two (2) years of delivery of the product.Any lack of conformity which emerges within six (6) months of the delivery date is presumed to have existed at the time of delivery, unless there is evidence to the contrary;
- French legal warranty against hidden defects: The Company shall deliver to the Customer products which are exempt of any hidden defects which render them unfit for the use for which they were intended, or which so impair that use that the Customer would not have acquired them, or would only have given a lesser price for them, had he known of such defects. This warranty shall only take effect on condition that the Customer requests it within two (2) years of detecting the defect.
In all cases it is the responsibility of the Customer to prove that he duly fullfils the conditions of the warranty.
The Company will not be liable for losses that are not the result of a direct error on the part of the Company, in particular in the event of fault of the Customer or in the event of an unforeseeable and insurmountable fact of a third party to the sale contract.
ARTICLE 12: CUSTOMER SERVICE
All requests related to the Website, orders, the Customer account, information about the products, order tracking, requests related to the return and the refund of products, must be addressed to the Company’s customer service, using the relevant details provided on the Website to that purpose.
When using the Website, the Customer accepts that communication with the Company will be mainly electronic. The Company will contact the Customer by e-mail or provide the Customer with information by posting notices on the Website. For contractual purposes, the Customer agrees to this electronic means of communication and the Customer acknowledges that all contracts, notices, information and other communications that the Company provides to the Customer electronically comply with any legal requirement that such communications be in writing. This condition does not affect the Customer’s statutory rights.
ARTICLE 13: INTELLECTUAL PROPERTY RIGHTS
The Company is the holder of all copyrights on the content of the Website. All its trademarks, logos, domain names, downloadable documents, graphics, videos and all distinctive signs shall be considered as intellectual works on which the Company owns all intellectual property and commercial rights.
Any representation, reproduction, disclosure, distribution, translation, diffusion, modification, transcription, whether partial or complete, in any manner whatsoever, is strictly prohibited without the Company’s prior express authorization. Copying any of the elements of the Website is allowed for information purposes only and for a private use. In any other cases, any reproduction and/or representation of the Website requires the express prior consent of the Company. Any authorization requests shall be addressed to: MONNIER FRÈRES, 2 place des Victoires - 75001 Paris – FRANCE.
All the trademarks appearing on the Website are registered trademarks which are consequently protected. Any use of these trademarks requires the express prior consent of their owner. Any unauthorized use is an infringement sanctioned by law.
The user is not authorized to put on his own website a hyperlink towards the Website or any of its pages without the express prior consent of the Company. Any authorization requests shall be addressed to: MONNIER FRÈRES, 2 place des Victoires - 75001 Paris – FRANCE.
ARTICLE 14: PERSONAL DATA
Personal information -- such as name, surname, email address, telephone number, delivery address, billing address, and credit card numbers -- provided by the Customer is necessary for processing orders, delivering, invoicing and enforcing the sales agreement. If the Customer does not provide this information, the order will be cancelled. By registering on the Website, the Customer undertakes to provide sincere and true information.
The company will not disclose, sell or transfer Customer information to third parties for processing specific to them, without the Customer having given his express consent. However, the company may be required to transmit the Customer's personal information to an agency for prevention against fraud in order to carry out banking security checks.
Personal data can be transmitted to third parties without the prior consent of the Customer, if the disclosure is legally required or necessary (for example, at the request of the police force, judiciary and other bodies).
In accordance with the Data Protection Act of 6 January 1978, the collection and processing of personal data is subject to the Commission Nationale de l'Informatique et des Libertés (CNIL) declaration, registration number 1503539.
The Customer has the right to access, rectify and oppose on all the data entered into the Website by carrying out his claim and proof of identity. To exercise this right, the Customer must send a letter with that purpose to the following address: MONNIER FRÈRES, 2 place des Victoires - 75001 Paris – FRANCE.
The Customer may at any time modify their personal information by visiting the Website, clicking on "access my account" and identifying themselves with their email address and password.
The Customer accepts, by making orders through the Website, to receive promotional emails from the company. If the Customer accepts, he may also receive similar emails from the company’s partner firms. If the Customer wishes to stop receiving such promotional emails, he must click on the link provided for that purpose at the bottom of the emails.
ARTICLE 15: MISCELLANEOUS
15.1 The fact that the Company may not exercise one of its rights on the basis of the Terms and Conditions shall not be interpreted as a waiver to such rights. A waiver by the Company of any default by the Customer will not constitute a waiver of any subsequent default. No waiver by the Company of any of the Terms and Conditions will be effective unless it is expressly stated to be a waiver and is communicated to the Customer in writing.
15.2 In case one of the clauses of the Terms and Conditions is declared to be null and void, in whole or in part, this will not affect the validity of the other clauses and rights resulting from the Terms and Conditions, which remain applicable to the fullest extent permitted by law.
15.3 All notices given by the Customer to the Company must be given to the Company at the address set out in Article 1. The Company may give notice to the Customer at either the e-mail or postal address that the Customer provide to the Company when placing an order. Notice will be deemed received and properly served immediately either when posted on the Website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of being posted on the Website, that it was posted on the Website, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
ARTICLE 16: FORCE MAJEURE
The Company will not be liable or responsible for any failure to perform, or delay in performance of, any of the Company’s obligations caused by events outside of the Company’s reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond the Company’s reasonable control and includes in particular (without limitation) the following: strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; impossibility of the use of public or private telecommunications networks; and the acts, decrees, legislation, regulations or restrictions of any government. The Company’s performance under the Terms and Conditions is deemed to be suspended for the period that the Force Majeure Event continues, and the Company will have an extension of time for performance for the duration of that period.
ARTICLE 17: APPLICABLE LAW AND JURISDICTION
The Terms and Conditions are governed by the laws of France. In the event of any disputes resulting from the order or the delivery of the products sold through the Website, the Customer shall contact first the Company to reach an amicable settlement. If no amicable settlement is reached, the Courts of Paris, France have exclusive jurisdiction, unless the European Regulation on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters applies.
In case the above mentioned European Regulation applies:
- The Customer may bring a claim to enforce its consumer protection rights in connection with these Terms and Conditions of Sale before the courts in France or in the member state of the European Union in which the Customer lives.
- The Company may file a claim before the courts where the Customer is domiciled.