TERMS OF SALES
Preamble: Definitions
The terms and expressions referred to below mean, when preceded by a capital letter, for the purposes of interpretation and execution hereof:
" Item": the Good(s) that were the subject of the Order;
" Good": any product offered for sale on the Site;
" Order": request for Goods made by the customer to the company Mono Editions;
" General Conditions of Sale": the general conditions of sale which are the subject of these presents;
" Delivery Time": period between the date of Validation of the Order and the date of Delivery of the Order to the customer;
" Delivery Costs": cost of the costs incurred by the customer to deliver the Order to his Delivery address;
" Delivery": shipment of the Item to the customer;
" Delivery Method": designates any delivery method available on the Site at the time of the Order;
" Price": the unit value of a Good; this value includes all taxes and excludes delivery costs;
" Total Price": the total amount of the cumulative Prices of the Goods which are the subject of the Order; this amount includes all taxes;
" All-Inclusive Price ": the Total Price to which the price of the Delivery Costs is added; this amount includes all taxes;
" Site": Online Sales site "www.monoeditions.com" used by Mono Editions for the marketing of its Goods;
" Validation of the Order": has the meaning given in III;
" Online Sale": marketing of Mono Editions Goods via the Site;
I.- SCOPE OF THE GENERAL CONDITIONS OF SALE
These general conditions of sale apply automatically, without restriction or reservation, to all sales concluded between the company Mono Editions (hereinafter "Mono Editions"), a simplified joint stock company, in capital of €10,000, registered with the RCS of PARIS under number 883 501 587, whose registered office is located at 12 rue de Liège in PARIS (75009), and any customer wishing to make a purchase on the site: www. monoeditions.com
These General Conditions of Sale are accessible at any time on the Site and will prevail, where applicable, over any other version or any other contradictory document.
Mono Editions reserves the right to modify its general conditions of sale at any time, without prior notice to the customer.
The amended general terms and conditions of sale are binding on the customer from and for the duration of their posting online for products ordered after they are posted online.
Each purchase on the Site is subject to all the clauses of the general conditions of sale applicable on the date the order is placed.
The customer will only be able to validate his order after having read these general conditions and having accepted them by ticking the box dedicated to this purpose.
Mono Editions considers that by validating his order, and by ticking the box provided for this purpose, the customer has duly read the general conditions of sale and accepts them without reservation.
The conditions applicable and opposable to the customer are those in force at the time of the effective validation by the customer of his order registered on the Site.
By validating these general conditions of sale when ordering, the customer declares to have the legal capacity allowing the conclusion of a contract within the meaning of articles 1145 and following of the Civil Code and certifies to be a non-commercial adult natural person acting for personal needs
These general conditions of sale apply to the exclusion of all other conditions.
All orders imply unconditional acceptance of these general conditions of sale, which prevail over all other conditions, with the exception of those expressly accepted by Mono Editions.
II. – OBJECT
The purpose of these conditions is to define the online sales regime for all furniture and decorative objects, as well as their delivery and the rights and obligations arising therefrom.
These general conditions of sale are therefore intended to govern:
- The organization of legal relations between Mono Editions and the customer.
- The terms of sale between Mono Editions and the customer (order, delivery, etc.).
III. – COMMAND
In order to place the Order, the customer must follow the following steps:
- Dial the Site address;
- Follow the instructions of the Site and in particular, the instructions required to open a customer account;
- Fill in the order form. In the event of prolonged inactivity during the connection, it is possible that the selection of the Goods chosen by the customer before this inactivity is no longer guaranteed. The customer is then invited to resume his selection of Goods from the beginning;
- Check the elements of the Order and if necessary, identify and correct errors;
- Validate the Order, the Total Price and the All-Inclusive Price (the "Order Validation");
- Follow the instructions of the online payment server to pay the All-Inclusive Price.
The customer then receives electronically a confirmation of acceptance of payment for the Order and chooses the amount of his delivery.
The customer also receives electronically an acknowledgment of receipt confirming the Order (the "Order Confirmation").
The customer receives electronic confirmation that the Order has been dispatched.
Delivery will take place at the delivery address indicated by the customer when ordering.
During the completion of the various stages of the Order mentioned above, the customer undertakes to comply with these contractual conditions by application of article 1366 of the Civil Code.
Mono Editions undertakes to honor the Order only within the limit of available stocks of the Goods. If the Goods are not available, Mono Editions undertakes to inform the customer.
However, in accordance with article L. 122-1 of the Consumer Code, Mono Editions reserves the right to refuse the Order if it is abnormal, placed in bad faith or for any other legitimate reason, and in particular, when there is a dispute with the customer concerning the payment of a previous order.
Upon receipt of the email sent by Mono Editions, the customer can, by clicking on the buttons "MY ACCOUNT" then "MY ORDERS", follow the status of evolution of his order and delivery.
The customer also has the option of tracking his order by contacting Mono Editions Customer Service at the email address displayed on the order confirmation sent to the customer.
IV. – PAYMENT
All orders are payable in full by the customer.
To make payment for his order, the customer has the following means of payment:
- Bank card: Visa and Master Card
- By bank transfer made to the bank account of Mono Editions, whose references are accessible at the time of validation of the order The order will be reserved for 72 hours from the validation of the basket and will not be confirmed until the receipt of transferred amount.
The customer must enter their bank details.
The communication by the customer of his credit card number constitutes authorization to debit his account for the amount of the order.
Any order with payment by credit card is only considered effective when the payment centers concerned have given their agreement.
Any transmission of information by the client takes place in a secure context using the protocols in force on the Internet.
Payment made online is made through Shopify.
Mono Editions will not be required to deliver the products ordered by the customer, if the latter does not pay the full price under the conditions indicated above.
When ordering, in the event of incomplete, irregular or non-existent payment for any reason whatsoever or in the event of any payment incident, Mono Editions reserves the right to suspend or cancel the delivery of orders in lesson.
An invoice will be given to the customer on request.
V. - DELIVERY
The customer chooses one of the Delivery Methods offered on the Site when placing the Order, or by email when Mono Editions Customer Service contacts him for this purpose.
The customer is solely responsible for a delivery defect due to a lack of indication when ordering.
The amount of the Delivery Costs depends on the amount of the Order and the delivery method chosen by the customer. In any case, the amount of the Delivery Costs is indicated to the customer before the Validation of the Order.
Delivery costs are entirely the responsibility of the customer.
Delivery Times may vary depending on the availability of the Goods ordered.
Delivery times are expressed in working days and correspond to the average preparation and delivery times for the Order.
Delivery Times run from the date of Confirmation of the Order by Mono Editions.
In the event of a delay in Delivery, the Order is not cancelled.
Mono Editions informs the customer by e-mail that the Delivery will take place with a delay. The Customer may then decide to cancel the Order and send Mono Editions a request to cancel the Order by e-mail.
If the Order has not yet been shipped when Mono Editions receives the customer's cancellation request, the Delivery is blocked and the customer is reimbursed for any sums debited within fourteen days following receipt of the cancellation request.
If the Order has already been shipped when Mono Editions receives the customer's cancellation request, the customer can still cancel the Order by refusing the package. Mono Editions will then reimburse the sums debited and the return costs paid by the customer within fourteen days of receipt of the return of the refused package, complete and in its original condition.
The customer can follow the progress of the processing of the Order in the space reserved for this purpose on the Site.
The customer is required to check the condition of the packaging as well as the Items upon Delivery.
It is up to the customer to issue the reservations and complaints that he deems necessary, or even to refuse the package, when the package is obviously damaged on Delivery
Said reservations and complaints must be sent to the carrier by registered letter with acknowledgment of receipt within three working days, not including public holidays, following the date of Delivery of the Goods.
The Customer must also send a copy of this letter to Mono Editions. Failure to file a complaint within the aforementioned period extinguishes any action against the carrier in accordance with Article L. 133-3 of the Commercial Code.
The customer must ensure that the Goods delivered to him correspond to the Order. In the event of non-compliance of the Goods in kind or in quality with the specifications mentioned in the Delivery note, the customer must inform Mono Editions by e-mail to the address: contact@monoeditions.com (procedure described in VIII). The risk of loss or damage to the Goods is transferred to the customer when he or a third party designated by him takes physical possession of the Goods, without distinction according to its nature. The product, which is delivered to the customer by a carrier chosen by Mono Editions, travels at the risk and peril of Mono Editions. The product, which is delivered to the customer by a carrier chosen by him, travels at the risk and peril of the customer from the delivery of the Good to the carrier. From the delivery date indicated in the order form, ownership of the product is transferred to the buyer, except in the case where full payment of the price has not been received when ordering. VI. - PRODUCT INFORMATION Mono Editions disseminates with the greatest rigor the information concerning the essential characteristics of the products and undertakes to provide descriptions in the form of a "product sheet". Mono Editions also undertakes to publish the photographs and/or videos relating to the said products, within the limits of the technique and in compliance with the best market standards. Mono Editions cannot be held responsible for any minor visual differences that do not affect the essential characteristics of the products. VII. – RIGHT OF WITHDRAWAL The customer has a right of withdrawal which he can exercise within 14 calendar days, following the date of receipt or withdrawal of the Order. In the event that this period expires on a Saturday, a Sunday or a holiday or non-working day, it is extended until the first following working day. Return costs are the sole responsibility of the customer. Procedure for returning products The customer must exercise his right of withdrawal by contacting Mono Editions customer service by email at: contact@monoeditions.com The customer must carefully prepare the return package(s). The customer must return the products in their original packaging and in perfect condition. Returns will only be accepted if the product return procedure is followed by the customer. The customer cannot exercise his right of withdrawal if the returned products are unsuitable for resale due, for example, to obvious degradation In the event of a return of the products by the customer who has exercised his right of withdrawal in accordance with this article, the customer assumes the risks of transport. Refund of items When the right of withdrawal is exercised, Mono Editions undertakes to reimburse the customer within fourteen days following the date on which this right was exercised, after having carried out all the checks of the products. The method of reimbursement will be made according to the method of payment chosen by the customer. Any product that has been damaged by the customer will not be refunded or partially refunded. VIII. – GUARANTEES The warranties provided for in Articles L.217-7 to L.217-14 of the Consumer Code, as well as Articles 1641 to 1649 of the Civil Code apply to the relationship established between Mono Editions and the customer. The legal guarantee of conformity (articles L.217-7 to L.217-14 of the Consumer Code) Mono Editions is required to deliver goods that comply with the Order placed by the customer. When there is a lack of conformity, Mono Editions offers to replace the item or repair it. The choice is up to the customer, unless it generates for Mono Editions, "a manifestly disproportionate cost, with regard to the other method, taking into account the value of the good or the importance of the defect". The implementation of this guarantee is free of charge for the customer, who has two years from the delivery of the Articles to report any lack of conformity to Mono Editions, by e-mail to the address: contact @monoeditions.com The legal guarantee against latent defects (articles 1641 to 1649 of the Civil Code) Mono Editions is bound by "the warranty for hidden defects in the item sold which render it unfit for the use for which it was intended, or which so diminish this use that the buyer does not would not have acquired, or would have paid less, had he known of them". In the event of a hidden defect, Mono Editions proposes the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code. The time limit for taking action is 2 years from the discovery of the hidden defect in order to report the defect to Mono Editions, by e-mail to the address: contact@monoeditions.com The warranty cannot cover damage resulting from normal wear or from a cause arising from the intrinsic qualities of the goods. The warranty also cannot cover damage resulting from abnormal use or use that does not comply with Mono Editions instructions, and in particular defects and their consequences related to use that does not comply with the use for which the product is intended. Damage caused by the customer or a third party (e.g. transport, handling, assembly, etc.) is also excluded from the warranty. For any difficulty, we invite you to contact Mono Editions by e-mail at: contact@monoeditions.com IX. – LIABILITY Disclaimer Mono Editions cannot be held responsible for damage resulting from the misuse of the products by the customer or in the event of fortuitous event or force majeure. Cross-border contracts in the internal market Mono Editions cannot be held liable for non-compliance of the product with the legislation of the consumer's country, which is responsible for verifying whether the Good is not prohibited for sale in his country Product safety defect In the event of damage caused by a security defect of the Good, the customer must seek the liability of the manufacturer identifiable from the information provided by Mono Editions if necessary. X. – CONFIDENTIALITY OF PERSONAL DATA In application of European Regulation 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, Mono Editions proceeds to the collection of the personal data of the Customer for the purposes of the treatment of his order, the establishment of the invoices by Mono Editions and in this case of the identification of the Customer. "Personal data" refers to information concerning the Client as a natural person, voluntarily communicated by the Client. Personal data thus includes personal data (such as surnames, first names, contact details, etc.). Mono Editions takes respect for the privacy and the protection of the personal data of its Customers very seriously and undertakes to implement the appropriate measures to ensure the protection of personal data. In accordance with French law "Informatique et Libertés" n° 78–17 of January 6, 1978 modified by law n°2004–801 of August 6, 2004 and the General Regulations on Data Protection, the Customer has a right access, rectification, portability and deletion of information concerning him as well as a right to oppose the processing of his data. To exercise this right, the customer can contact Mono Editions by e-mail at: contact@monoeditions.com XI. – INTELLECTUAL PROPERTY The "Mono Editions" brand, as well as all figurative or non-figurative brands and more generally all other brands, illustrations, images and logos appearing on the Goods, their accessories and their packaging, whether registered or not, are and will remain the exclusive property of Mono Editions. Any total or partial reproduction, modification or use of these trademarks, illustrations, images and logos, for any reason and on any medium whatsoever, without the express prior consent of Mono Editions is strictly prohibited. The same applies to any combination or conjunction with any other trademark, symbol, logotype and more generally any distinctive sign intended to form a composite logo, and any copyright, drawing, model and patent which are the exclusive property of Mono Editions. XII. - MEDIATION In the event of a dispute, the customer should first contact Mono Editions customer service, by e-mail: contact@monoeditions.com or by post at the address of the head office of Mono Editions, located at 12, rue de Liège in PARIS (75009). In the event of failure of the complaint request to Mono Editions customer service or in the absence of a response from this service within two months, the customer may submit the dispute relating to the order form or the present T&Cs opposing it to Mono Editions to a mediator who will attempt, in complete independence and impartiality, to bring the parties together with a view to reaching an amicable solution. The parties to the contract remain free to accept or refuse recourse to mediation as well as, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator XIII. - APPLICABLE LAW AND JURISDICTION These general conditions of sale will be governed by French law. Any dispute arising from the formation, interpretation or execution of this Agreement will be subject to the exclusive jurisdiction of the French courts, notwithstanding multiple defendants or warranty claims.
Then: