GENERAL SALES CONDITIONS

The company MONACO MARINE, a French limited liability company with a capital of 450,000 euros, registered in the Trade and Industry Register under number 89 S 02529, whose registered office is located in Paris; 14 Quai Antoine 1er, Monaco MC 98000, Principality of Monaco, identified under the intra-Community VAT number FR 53 0000 14 596 (hereinafter “MONACO MARINE”), operates a website accessible at the address www.monacomarine-mercilamer.com (hereinafter the "Site").

These General Terms and Conditions of Sale (hereinafter referred to as the “GTC”) shall apply;manage the commercial relations between MONACO MARINE and any natural or legal person placing an order on the Site (hereinafter “the Client”), being specified; that the protective provisions of the Consumer Code included in the T&Cs do not apply to orders placed by legal or natural persons placing an order on the Site as part of their professional activity, whatever it may be (craft, commercial, liberal, industrial).

I. Purpose of the GTC and current version

1.1. These GTCs are intended to define the conditions under which Customers may access, use and place orders with MONACO MARINE, including all rights and obligations flowing therefrom.

 

1.2. All Customers who access the Site undertake to respect, without restriction or reservation, the T&Cs, which are accessible at any time on the Site www.monacomarine-mercilamer.com and are also known to it before confirming their order.

 

1.3. MONACO MARINE may modify these GCS, in particular to take into account any legal, jurisprudential, editorial and/or technical changes. Changes to the T&Cs shall be enforceable as soon as they are posted on the Site. From one order to the next, MONACO MARINE invites the Client to carefully review the T&Cs appearing on the Site on the dates of update as indicated.

II.  Products

2.1. The products offered for sale by MONACO MARINE are those available online on the date of the order by the Customer, within the limits of available stocks.

In the event that the product ordered by the Customer is no longer available after the order has been placed, MONACO MARINE will contact the Customer as soon as possible in order to allow the Customer to proceed; a cancellation of the order and the refund of the product concerned, either, if a return to stock of the product is possible, a postponement of the delivery date after receipt of the said product, or a substitution of the unavailable product of an equivalent value. In the event of cancellation and refund request, the latter is carried out within 10 (ten) days following the date of placing the related order, on the credit card used when the order was placed.

2.2.  Each product sold on the Site is presented in a presentation summarizing its main characteristics as well as a detailed presentation (including in particular the composition of each product) accessible by clicking on the product concerned; and by rolling the page from top to bottom.

 

2.3. The prices of the products are indicated in euros, all taxes included, they take into account any discounts and the VAT rate in force on the day of the order.

III.  Orders

3.1. The Customer may browse the Site and view the various products offered for sale without obligation to purchase and without obligation to register, unless certain promotional offers or reservations are reserved for holders of an account on the Site and it is necessary to log in using his login and password to view them.

 

3.2. Anyone wishing to place an order on the Site must be at least 18 years of age on the day of placing the order. To place an order on the Site, the Customer must create an account on the Site. He will therefore have to, at the time of ordering, either identify himself with his login and password, or complete the account creation form.

3.3.

If the Customer chooses to finalize his order, he must then decide on the delivery method, the payment method as well as the billing and delivery addresses. A summary of the order is presented to him (products ordered, quantity and price of the products, delivery price, delivery method, desired delivery date, etc.) before the Customer definitively confirms it by accepting these GTC and clicking on "place the order".

The areas covered by the Site are:Andorra,Australia,Belgium,Bulgaria,Canada,China,Croatia,Cyprus,
Czech,Republic,Denmark,Estonia, Finland,France,Greece,Guadeloupe,Hungary,Iceland,Ireland,Italy,
Japan,Latvia,Lithuania,Luxembourg,Malta,Martinique,Mayotte, Monaco,Netherlands,New Caledonia,
New Zealand,Norway,Portugal,Reunion,Romania,Russia,Serbia,Singapore,Slovakia,Slovenia,South Africa,
Spain,Sweden,Switzerland,Thailand and United Kingdom.

3.4. The payment of the Customer’s order can be made by credit card (Visa, Mastercard, American Express), Paypal, via the secure interface made available by the bank CIC . When payment is made by credit card, the Customer must validate the order by entering a security code that is sent to him by SMS on the number indicated at the time of creating his account.

3.5. Once the order has been validated and the payment has been made, the Customer receives an order confirmation by email. This email reiterates the characteristics of the order (products ordered, prices, desired delivery time, etc.), as well as the possibilities of exercising its right of withdrawal, for products for which it can be implemented.

IV. Delivery

4.1. The shipment of the Customer’s order is made after receipt of the full price of the order, including shipping costs.

 

4.2. The precise delivery time just before the order is finalized, and on the summary of the short order from the day following that of the Customer's order validation.

 

4.3. Delivery costs depend on the delivery method chosen by the Customer at the time of placing the order. These are indicated to the Customer at the time of placing his order.

Shipping cost:

Metropolitan France and Monaco: Free delivery
DOM TOM: €25 - Free delivery from €400
Europe: €10 - Free delivery from €250
International: €25 - Free shipping from €400

Specific case of orders for which the Customer chooses the shop pickup

In the event of late cancellation of the order, i.e. less than 48 (forty-eight) hours before the date and time of withdrawal from the order indicated by the Customer, or in the event of a cancellation;If orders are not picked up at the date and time indicated, MONACO MARINE will only be required to refund the products that may be subject to the right of withdrawal, as described in Article 5 of the GTC. This refund will be made by crediting the credit card or Paypal account used when the order was placed, within 14 (fourteen) days of the day of cancellation of the order or the day of withdrawal initially scheduled; by the Customer, after deducting the case of gift or personalized packaging that cannot be reused for hygienic and health protection reasons.

customerservice@monacomarine-mercilamer.com.

4.4. As soon as the products are delivered to the Customer, or for an order withdrawn in store, that the products have been withdrawn in store, the transfer of risks related to the products is carried out, the Customer or the recipient then becoming liable for all damages that the products may suffer or cause.

Whatever the delivery method, the Customer undertakes to check the conformity of his order, as well as the condition of the products and in the event that they are damaged; a person other than the Customer is the recipient of the Products, the Customer shall ensure that the recipient concerned ensures the conformity and condition of the Products upon delivery. If necessary, the Customer shall inform the responsible carrier of the nature and extent of the damage relating to the products, mentioning them on the delivery note.

4.5. Any event that meets the definition of force majeure within the meaning of case law and the legal provisions that prevent it;were seeking or would make the performance of supply exorbitant, constitute, by express agreement, a cause for suspension or termination of MONACO MARINE’s obligations. As the event in question is independent of MONACO MARINE’s wishes, the Client will not be compensated in this respect. MONACO MARINE will inform the Customer by any means of the existence of a case of force majeure, offering him the possibility to cancel his order and to obtain a refund.

 

V.  Right of withdrawal

5.1. In accordance with articles L. 221-18 et seq. of the Consumer Code, the Customer has a fourteen (14) clear day turnaround time from the receipt of any product ordered on the Site. The Customer does not need to justify a particular reason or pay a penalty.

 

5.2. It is recalled that all products may be returned, with the exception of products designated by Article L. 221-28 of the Consumer Code, which may not be subject to a right of negotiation. These include (i) products that are likely to deteriorate or deteriorate rapidly, (ii) goods made according to specifications;(iii) goods which have been unsealed by the Customer after delivery and which cannot be unsealed;(iv) alcoholic beverages whose delivery is delayed beyond 30 (thirty) days and whose agreed value at the conclusion of the contract depends on the fluctuation in the market under MONACO MARINE’s control.

 

5.3. For products that may be subject to a right of withdrawal, the Client must return them to the address MONACO MARINE – 14 Quai Antoine 1er, 98000 MONACO, within fourteen (14) days of exercising the right of withdrawal. The return costs of the products are the responsibility of the Customer, it being specified that the return cost varies according to the type of product concerned, carrier or shipment, the weight, size or volume of the products. Products must be returned in their original packaging, not unsealed, opened or opened, intact and ready for re-marketing.

5.4. MONACO MARINE will refund the Customer using the same means of payment as the one used to place the order, at the latest within fourteen (14) days following the sending of proof of shipment of the product before said period, or of receipt of the product by MONACO MARINE.

VI. Product warranty

Legal guarantee of conformity (articles L. 217-4 and following of the Consumer Code)

Article L217-4 Consumer Code
"" The seller delivers a good in conformity with the contract and responds to deficiencies in conformity existing at the time of delivery.
It also responds to defects in conformity resulting from packaging, assembly instructions or installation when the latter has been placed at its charge by the contract or has been carried out under its responsibility.

Article L217-5 Consumer Code  
"The good is in conformity with the contract :
1" If it is suitable for the use usually expected of a similar good and, if applicable, previous:
- if it corresponds to the description given by the seller and possesses the qualities that the seller has presented; the buyer in the form of a sample or model
- if he presents the qualities that a buyer can legitimately expect from the defects;public statements made by the seller, producer or his representative, including in advertising or labelling ;
2° Or if he presents the characteristics;The risks defined by mutual agreement between the parties or is specific to any specific use sought by the buyer, brought to the seller's attention and accepted by the seller. “

Article L217-7 Consumer Code
“Compliance defects that appear within a period of twenty-four months from the date of delivery of the goods are presumed to exist at the time of delivery, unless otherwise proven. The seller may waive this presumption if it is not compatible with the nature of the goods or the lack of conformity invoked. 

Article L217-8 Consumer Code
"" The buyer is entitled to demand that the goods conform to the contract. However, he cannot challenge compliance by invoking a defect that he knew or could not have ignored when he contracted. The same is true when the defect has its origin in the materials it has supplied itself.

Article L217-9 Consumption code 
   In the event of a lack of conformity, the buyer chooses between repairing or replacing the goods.<However, the seller may not proceed according to the buyer’s choice if this choice results in a cost that is clearly disproportionate to the other method, taking into account the value of the property or the importance of the defect. He is then required to proceed, unless impossible, according to the method not chosen by the buyer.  

Article L217-10 Consumer Code
"" If repair and replacement of the property is not possible, the buyer may return the property and have the price returned to him/her or keep the property and have a portion of the price returned.
The same faculty is open to it:
1° If the solution requested, proposed or agreed pursuant to Article L. 217-9 cannot be implemented within one month of the buyer’s claim or if this solution cannot be implemented without major inconvenience to the buyer given the nature of the good and the use it seeks.<However, the resolution of the sale cannot be pronounced if the lack of conformity is minor.

Article L.217-11 of the Consumer Code
« The application of the provisions of articles L. 217-9 and L. 217-10 takes place at no cost to the buyer.
These same provisions do not prevent the allocation of damages.

Article L217-12 Consumer Code
"The action resulting from the lack of conformity is prescribed after two years from the delivery of the good.

 

Legal guarantee against hidden defects (articles 1641 et seq. of the Civil Code)
Article 1641 Civil Code
"" The seller is bound by the guarantee because of hidden defects;The buyer would not have acquired it, or would only have given it at a lower price, if he had known them. “

Article 1644 Civil Code
« In the case of articles 1641 and 1643, the buyer has the option of returning the thing and having the price returned, or of keeping the thing and having part of the price returned.  

Article 1645 Civil Code
«  If the seller knew of the defects of the thing, he is liable, in addition to the restitution of the price he received from it, for all damages and interest towards the buyer.    

Article 1646 Civil Code
“If the seller was unaware of the defects of the thing, he will only be required to return the price, and to reimburse the purchaser for the costs incurred by the sale. ” ”

Article 1648 paragraph 1 Civil Code
“The action resulting from penal defects must be brought by the purchaser within two (2) years of the defect being covered. “

1/ When acting as a legal guarantee of conformity, the consumer:

-  has a two-year time limit from the delivery of the property to act ;
-  may choose between repairing or replacing the property, subject to the cost conditions set out in Article L. 217-9 of the Consumer Code ;
-  is exempt from proving the existence of the lack of conformity of the good during the 24 months following the failure to deliver the good. For second-hand goods, this legal guarantee can be implemented within this 24-month period, under the following conditions: if this lack of conformity is detected within 6 months of delivery, the consumer is exempt from having to provide proof of the said requirement. After this period, he will have to prove that this defect existed before the sale.

2/ The consumer may decide to implement the warranty against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, he may choose between resolving the sale or reducing the sale price in accordance with Article 1644 of the Civil Code, and must act within two (2) years of the discovery of the defect.

VII. Use of the Platform – Customer Obligations

7.1. When registering online on the Site, the Customer undertakes to provide true, accurate, up-to-date and complete information on his identity and all the contact details he provides. The use of pseudonyms is strictly prohibited. The Client undertakes to update immediately in the event of any changes to the data provided at the time of registration. A Customer may only open one account on the Site, which is limited to his personal use only.

 

7.2. The Customer is solely responsible for the use made of his account as well as for the protection of his login and passwords. Any usurpation of identity, loss, diversion or unauthorized use of a Customer’s identifiers and/or account and their consequences are the sole responsibility of that Customer. In all the cases mentioned above, the Client is required to notify MONACO MARINE, without delay, by electronic message, specifying his name, specifying his name;names, postal code, city, date of birth, telephone, e-mail address used on his behalf and if possible his old password, at the address customerservice@monacomarine-mercilamer.com, to enable MONACO MARINE to take measures to remedy the situation, including cancelling and/or immediately updating the concerned identifier(s) and/or password. The misuse of this signage faculty is likely to lead to liability on the part of the abuser.

Similarly, the Customer guarantees to be the exclusive user of his mobile device. The Customer is solely responsible for the equipment with which he accesses the Site (purchase, maintenance, etc.), for which he is responsible, including his email address, login and password, etc. He must not leave his mobile phone or any other mobile device unattended.

 

7.3.  In the event of knowledge of manifestly unlawful conduct by a Customer in the course of or in connection with its activity on the Site and/or in the event of a breach of the provisions of this Agreement;In the event of any breach of these GTC and/or any legal or regulatory obligations, MONACO MARINE may, without notice or indemnity, immediately delete or suspend the Client’s account. MONACO MARINE reserves the right to pursue before the competent judicial authorities any use of the Site that does not comply with these GTC.

 

7.4. Customers acknowledge that their access to the Site may be subject to certain technical requirements. Thus, Customers must have a high speed Internet connection and a recent browser. Otherwise, any difficulties in the operation of the Site that may exist shall not engage MONACO MARINE in any way whatsoever.

VIII. Privacy and personal data protection

8.1. Customers must create an account on the Site and provide certain personal data to place an order, including but not limited to their title, name and first name, email address, etc.

 

8.2. The personal data of Customers are processed automatically by MONACO MARINE, which is responsible for processing them, for the purposes of managing and administering the commercial relationship with the Customer and for prospecting.

 

8.3. Types of data collected:

There are two types of data:

- the data indicated by an asterisk when creating the customer account (name, first name, address, …) and/or placing the order are necessary for the proper execution of the order and in particular for the delivery and invoicing of the order ;

- the other data requiring an optional response when creating the customer account and/or placing the order, communicated voluntarily by the Customer, who may withdraw his consent at any time, without prejudice to the lawfulness of the processing given on the consent given before the latter is withdrawn.

In accordance with the applicable regulations on personal data protection (deriving from the European Regulation on the Protection of Personal Data as of 25 May 2018), the Customer has the right to request access;(c) the rectification or deletion of personal data, or a limitation of the processing, or of the right to object to the processing and of the right to the portability of the data that he may exercise by sending an e-mail to the following address: customerservice@monacomarine-mercilamer.com or by writing to the registered office of the MONACO MARINE Company.

MONACO MARINE, Data Controller - has designated __________, address, email, as a Delegate for Data Protection.

8.4. MONACO MARINE may set cookies on the Site. The prior consent of the Customer must be obtained for the installation of these cookies. It is an automatic tracking process that records information related to navigation on the Site, and stores information entered during visits to facilitate the registration process and use of the Site by Customers. In accordance with current legislation, cookies will be stored for 13 (thirteen) months by MONACO MARINE. At the end of this period, the Customer’s consent must again be expressly obtained to continue the use of cookies.

Cookie Policy

IX. Intellectual property

9.1. Without this list being exhaustive, the brands "MONACO MARINE" - MERCI LA MER " as well as their derivatives, logos, graphic design, layout, information, presentation and content of the Site, as well as the dé;social appointments, trade names, brands, domain names, without this list being exhaustive, constitute protectable elements, whether by copyright, trademark law or any other private right. MONACO MARINE is the owner and/or operator.

The systems, software, structures, infrastructures, databases and contents of all kinds (texts, images, visuals, music, logos, brands, databases, etc.) operated by MONACO MARINE on the Site are also protected by all intellectual property rights or rights of the producers of databases in force. All reuse, copying and, more generally, all acts of reproduction, representation, dissemination and use of any of these elements, in whole or in part, without the authorization of MONACO MARINE are strictly prohibited and may be the subject of legal proceedings.

Any reproduction or representation, in whole or in part, of the Site or its components, such as trademarks, logos, graphic charter, layout, information, presentation and content of the Site, without this list being exhaustive, is prohibited.

9.2. The registration on the Site does not entail any transfer of intellectual property rights to the Customer, who is solely responsible in the event of misunderstanding of the above-mentioned provisions.

9.3. The Site may contain hypertext links to third party websites, managed by third parties, over which MONACO MARINE has no control.

<Consequently, MONACO MARINE is not responsible for the content of these third party sites, the use that may be made of them or the content to which these third party sites may refer, for which the third party concerned is solely responsible.

X. Account deletion

customer@monacomarine-mercilamer.com. This deletion will take effect after the expiry of the cancellation and rescheduling periods relating to the last order placed by the Customer.

XI. No waiver – Integrity – Proof of transactions

11.1.  The fact that MONACO MARINE does not claim not to be bound by a provision of the T&Cs or by a failure or default by the Client;any of its contractual or legal obligations shall not be construed as a waiver of such provision, failure or default.

11.2.  In the hypothesis where a provision of the GTCs was declared null or invalid, this provision shall be considered as not written, all the other provisions of the GTCs continuing to apply.

11.3. Unless proven otherwise, the data recorded by MONACO MARINE constitute proof of all transactions.

XII. Customer relations service

customerservice@monacomarine-mercilamer.com

XIII. Applicable law

XIV. Customer relations service

customerservice@monacomarine-mercilamer.com
https://webgate.ec.europa.eu/odr/

A failure to reach an amicable settlement and whatever the origin of the conflict, whether it be training, execution, interpretation, validity, etc;of the present General Terms and Conditions, including for precautionary procedures, emergency procedures, in the event of a reference, d’s;In the event of a warranty claim, request or plurality of defendants, the latter shall be subject to the jurisdiction of the competent French courts, in accordance with the rules of ordinary law, "in accordance with the rules of ordinary law, "in accordance with the law of the country concerned";both specified and the deadlines for judicial action are not interrupted during the time during which an amicable solution is sought or a mediation requested by the Client.

Last date of update: May 22, 2020].


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