INTRODUCTION
Monaco Inter Expo SAM, a Monegasque Limited Company with a capital of €150,000, registered in the Trade and Industry Register under the registration number: 97S03356, with its registered office at 16, rue Princesse Florestine - 98000 Monaco, intra-community VAT number FR70000044510, operates the Monaco Inter Expo website accessible at the following address: https//shop.monacoworldexpo.com (hereinafter referred to as "the Site").
The system, thus set up, assumes an active approach on the part of the client, Internet user who has a functional e-mail address, natural person or representative of a legal entity, professional or private, equipped with the technical means necessary for the use of the service accessible via the Site and for whom it is his business and who assumes the costs inherent in the Internet connection to enable him to connect to the Site.
The present general terms and conditions of online sales govern all relations between Monaco Inter Expo and its clientele, within the framework of a distance selling system, both parties accepting them unreservedly. The present general terms and conditions can be consulted online at the main address of the Site, can be downloaded and printed, and prevail over any other means of reproduction. Before placing an order for products, the Customer declares having read the following provisions and expressly and irrevocably accepts the terms set out below. These terms and conditions may be revised at any time and with 2 months' notice.
DEFINITIONS
Site: Commercial site accessible at: https//shop.monacoworldexpo.com on which Monaco Inter Expo offers products for sale.
Buyer - Customer: the natural person or representative of a legal entity, professional or private individual who acquires, without subsequently reselling them, one or more products offered by the company MONACO INTER EXPO by means of the Site.
Seller: MONACO INTER EXPO the company represented by its legal representative, its employees identified by the Site with whom the Client subscribes to the distance selling contract.
Parties : Buyer and Seller.
Order: The Client's purchase order, from the Site, for one or more products.
Payment incident: Non-payment, late payment, partial payment of the debt, rejection of the means of payment or stop payment by the bank holding the account.
ARTICLE 1: PURPOSE
The purpose of the General Terms contained herein is to define the terms and conditions according to which MONACO INTER EXPO offers and sells Products to its clients.
These General Terms and Conditions of Sale shall prevail over any other terms and conditions contained in any other document, unless a prior express written agreement to the contrary has been made.
ARTICLE 2: ACCEPTANCE OF THE TERMS AND CONDITIONS
The client acknowledges having read and understood the General Terms contained herein at the time the Sales Order was placed, and expressly declares that he/she accepts them unreservedly. The present General Terms shall govern the contractual relationship between MONACO INTER EXPO and its clients. Both parties accept the present General Terms unreservedly.
ARTICLE 3 : ORDER
Automatic registration systems are considered to be proof of the nature, content and date of the Order. MONACO INTER EXPO will confirm the client's acceptation of his or her Sales Order by sending a confirmation message to the client's e-mail address given by the client. The sale shall not be concluded until the said Order confirmation has been sent.
MONACO INTER EXPO reserves the right to refuse or cancel any Sales Order placed by a client in the event of the client's insolvency, or in the event of total or partial non-payment of the Sales Order in question, or in the event of a failed delivery or payment dispute with regard to a previous Sales Order.
The client is exclusively responsible for any information that he or she provides when making the Sales Order. MONACO INTER EXPO shall in no way be held responsible for any typing errors made by the client as concerns, notably, the recipients shipping address and/or the invoicing address etc., thereby causing delays or total hindrance to ship the Product(s).
ARTICLE 4: DELIVERIES
Once the Sales Order has been confirmed, and subject to full payment of the Product(s) ordered by the client, MONACO INTER EXPO will ship the Product(s), under responsibility, to the client or recipients address within workdays.
All Products set out in the Sales Order transmitted to are strictly reserved for personal use by the client or the recipient explicitly mentioned under the recipient address information.
If necessary, the client will ensure that all taxes, rights and/or other shipping charges, including the Products themselves, are paid upon receipt of goods; it being understood that shall in no way be held responsible for making said payments.
The clients or recipients of the Products shall refrain from making any partial or total resale of the Products.
The Products will be delivered by LAPOSTE - COLISSIMO.
Our prices include VAT and are exclusive of "Delivery Costs".
In the event of a delay in delivery exceeding seven (7) days, the Customer may, if he so wishes, and except in cases of force majeure, terminate the sales contract by registered letter with acknowledgement of receipt. However, this right must be exercised within sixty (60) working days from the delivery date initially stipulated in the contract.
Upon receipt of the Products ordered, the client or the recipient must check the proper functioning of the goods delivered and read the conditions of use indicated on the instruction manual supplied to him/her.
In the event that one or more of the Products ordered are missing or damaged, the client or recipient shall inform the carrier of said defect at the time of delivery.
In the event of apparent defects, the client shall have the right to return the Product(s) under the conditions stipulated in the Product's instruction manual.
For reasons of availability of the Products ordered, an Order may be subject to several successive deliveries to the client.
In the event that the client wishes to have the Products delivered to two different addresses, shall place two distinct Sales Orders on the client's behalf.
ARTICLE 5: PRICES
The price is expressed in euros.
The price indicated on the Product Data Sheets does not include transport costs.
ARTICLE 6: PAYMENT
The price invoiced to the client is the price indicated on the Sales Order confirmation sent by MONACO INTER EXPO.
The price of the Products is payable in cash by one of the means of payment offered on the site on the day of the actual order.
The Order validated by the client shall only be considered effective once the secure bank payment centre has given its agreement to the transaction and, where applicable, after the insurer has accepted to assume the risk.
ARTICLE 7: LIABILITY
MONACO INTER EXPO shall not be held liable for bodily or material damages incurred to any third party resulting from improper functioning or use of the Products. The same applies to any modifications made to the Products by the Product manufacturer.
Whatever the case may be, MONACO INTER EXPO's responsibility shall be strictly limited to the Sales Order price; and shall not be held liable for any trivial errors or omissions despite the precautions made by MONACO INTER EXPO in handing over the Products. In the event of difficulties in the application of this contract, the client and MONACO INTER EXPO reserve the right, before any legal action is taken, to seek an amicable solution.
Failing this, for commercial clients, the Commercial Court of Monaco has sole jurisdiction, regardless of the place of delivery and the method of payment accepted.
ARTICLE 8: GUARANTEE
In all cases, MONACO INTER EXPO cannot be held responsible for failure to comply with the regulatory and legislative provisions in force in the country of reception. The liability of MONACO INTER EXPO shall be systematically limited to the value of the Products held liable at the date of sale, and with no possibility for filing claims against the brand name or Product manufacturer.
Whatever the case may be, the client benefits from the legal warranty pertaining to eviction and hidden defects as stipulated in articles 1625 et seq. of the French Civil Code.
The customer may contact customer service by email at serviceclient@mie.mc
ARTICLE 9: RESERVATION OF OWNERSHIP CLAUSE
All sales are concluded with reservation of ownership.
Consequently, the transfer to the Buyer of ownership of the products sold is suspended until full payment of the price.
The risks are borne by the Buyer as soon as the products sold under retention of title are delivered to the agreed place.
The Buyer alone assumes full responsibility for all damage that the products may suffer or cause, for whatever reason, as soon as they are delivered.
ARTICLE 10: COMPLIANCE - GUARANTEE - LIABILITY
On receipt of his order, the Customer must ensure that the products delivered comply in all respects with his order.
If this is not the case, the Client must inform MONACO INTER EXPO at the following address: MONACO INTER EXPO Customer Service - 16 rue Princesse Florestine 98000 MONACO, by registered letter with acknowledgement of receipt within a maximum period of seventy-two (72) hours following receipt of the product(s) concerned.
In the event of hidden defects noted by the Client, after assessing the product, the seller may replace it with the same or an equivalent product.
ARTICLE 11: PRODUCTS - INFORMATION
The products presented on the Site comply with current Monegasque legislation and the standards applicable in Monaco.
Each item offered on the Site is the subject, on the one hand, of a presentation giving a short description, its composition, weight, dimensions and price.
The photographs illustrating the products are simply indicative of the general presentation of the product. Therefore, and in the event of minimal variations in the representation of the products, the responsibility of MONACO INTER EXPO may not be engaged under any circumstances.
Each product presented on the Site is the subject of an information sheet giving the essential characteristics of the product: its designation, weight, composition, photo and price. These indications are made to inform the Buyer, they are not exhaustive.
All photographs or information of the products presented are not contractual. MONACO INTER EXPO cannot be held liable in the event of a manifest error between the characteristics of the products and their representation on the Website.
The photographs illustrating the products are simply indicative of the general presentation of the product. Therefore, and in the event of minimal variations in the representation of the products, the responsibility of the Chocolaterie de Monaco may not be engaged under any circumstances.
The product offers and prices proposed by the Seller are valid as long as they are visible on the Site, within the limit of available stocks. The Seller declines all responsibility in the event of stock shortages or unavailability of products.
When the Buyer places an order, information on the availability of the products is provided. Errors or modifications may exceptionally occur, particularly in the case of simultaneous orders of the same product by several Buyers. In the event of product unavailability after the order has been placed, the Seller will inform the Purchaser by e-mail or telephone as soon as possible, offering to order another product presented on the Site as a replacement, or to cancel the order. If the Purchaser chooses to cancel the order, the refund will be made within 30 days at the latest from the date of payment, if the bank account has been debited.
The Seller reserves the right to change the items offered on the Site at any time and without notice.
ARTICLE 12: RESALE OF PRODUCTS
The resale of MONACO INTER EXPO brand products is prohibited.
ARTICLE 13 : LEGAL INFORMATION
The personal information collected for the purposes of distance selling is compulsory, this information being essential for the processing and routing of orders, the establishment of invoices and guarantee contracts. Failure to provide this information shall result in the non-validation of the Order.
In accordance with the French law "Informatique et Libertés", the processing of nominative information relating to customers has been declared to the Commission Nationale de l'Informatique et des Libertés (CNIL).
The client has (article 34 of the law of 6 January 1978) the right to access, modify, rectify and delete data concerning them, which they can exercise by contacting MONACO INTER EXPO. Furthermore, MONACO INTER EXPO undertakes not to communicate, whether free of charge or in exchange of payment, the contact details of its clients to a third party.
ARTICLE 14: PARTIAL INVALIDITY
If one or more stipulations of these General Terms and Conditions are held to be invalid or declared as such by application of the Law, a decree or a regulation or following a final decision of a competent court, the other stipulations will retain their full force and scope.
ARTICLE 15: EXCHANGES - EVIDENCE - NOTIFICATIONS
By express agreement between the Parties, exchanges between them may take place in particular by electronic mail. The Parties shall implement all security measures to guarantee the availability, integrity and confidentiality of the data exchanged.
At the same time, they shall implement all useful measures, such as firewalls and anti-virus software which are regularly updated and correctly configured, to protect themselves as effectively as possible against intrusions, attacks and the spread of viruses in order to guarantee the availability, integrity and confidentiality of the information received. The Parties shall safeguard by the most appropriate and secure means possible the entirety of the messages transmitted relating to the subject matter of these general conditions.
All order forms and invoices will be archived on a reliable and durable medium.
ARTICLE 16: DISPUTE - ATTRIBUTION OF JURISDICTION
These general conditions are governed by Monegasque law.
Any dispute arising from the interpretation and/or execution of the said general terms and conditions shall give rise to an attempt at an amicable settlement between the Parties. In the absence of an amicable agreement, the dispute will be brought by the most diligent Party before the competent court of law.
1- In the event of a dispute of any kind or a dispute relating to the formation or execution of the order, only the Courts of the Company's registered office are competent.
2- Acceptance of the Company's payment does not imply any derogation from this jurisdiction.
3- No clause to the contrary on the part of the Buyer may derogate from this clause.
Legal notice :
Identification of the author of the offer: MONACO INTER EXPO Monegasque Public Limited Company with a capital of 150 000€.
N°RCI: 97S03356
Head office: 16, rue Princesse Florestine - 98000 Monaco
Intracommunity VAT N°: FR70000044510