Preamble: definitions

The terms and expressions referred to below shall mean, when preceded by a capital letter, for the purposes of the interpretation and performance hereof:

" Item " means the Goods which are the subject of the Order;

" Good ": any product offered for sale on the Site;

" Order ": request for Goods made by the customer to Mono Editions;

" General Terms and Conditions of Sale" means the general terms and conditions of sale which are the subject hereof;

" Delivery Time " means the period between the date of Order Validation and the date of Delivery of the Order to the customer;

" Delivery Charges " means the cost of the charges paid by the customer to deliver the Order to the customer's Delivery address;

" Delivery " means the dispatch of the Article to the customer;

" Delivery Method ": means any delivery method available on the Site at the time of the Order;

" Price " means the unit value of a Good; this value includes all taxes and excludes Delivery Costs;

" Total Price " means 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 " means the Total Price plus the price of the Delivery Charges; this amount includes all taxes;

" Site ": online sales site "www.monoeditions.com" used by Mono Editions to market its Goods;

" Validation of the Order " has the meaning given in III ;

" Online Sales ": marketing of Mono Editions' Goods via the Site;

 I.- SCOPE OF THE GENERAL TERMS AND CONDITIONS OF SALE

 

The present general terms and conditions of sale apply automatically, without restriction or reservation, to all sales concluded between Mono Editions (hereafter "Mono Editions"), a simplified joint stock company with a capital of €10,000, registered with the PARIS Trade and Companies Register 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 from the website: www.monoeditions.com

These General Terms and Conditions of Sale are accessible at any time on the Site and shall prevail, if necessary, over any other version or any other contradictory document.

Mono Editions reserves the right to modify its general terms and conditions of sale at any time, without prior notice to the customer.

The modified general terms and conditions of sale are enforceable against the customer as from and for the entire duration of their publication on line for products ordered after their publication on line.

Each purchase on the Site is subject to all the clauses of the general terms and conditions of sale applicable on the date the order is placed.

The customer can only validate his order after having read the present general conditions and having accepted them by ticking the box dedicated to this purpose.

Mono Editions considers that by validating the order, and by ticking the box provided for this purpose, the customer has duly taken note of the general terms and conditions of sale and accepts them without reservation.

The conditions applicable and enforceable against 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 the present general terms and conditions of sale at the time of the order, the customer declares that he/she has the legal capacity to conclude a contract within the meaning of Articles 1145 et seq. of the French Civil Code and certifies that he/she is a non-trading natural person of legal age acting for his/her personal needs.

These general terms and conditions of sale apply to the exclusion of all other conditions.

All orders imply unreserved acceptance of these general terms and conditions of sale, which prevail over all other conditions, except those expressly accepted by Mono Editions.

 

II. - PURPOSE

The purpose of the present conditions is to define the regime of online sales of all furniture and decorative objects, as well as their delivery and the rights and obligations arising from them.

These general terms and conditions of sale are intended to govern :

• The organisation of the legal relationship between Mono Editions and the customer.
• The terms of sale between Mono Editions and the customer (order, delivery etc.).

  

III. - ORDER

In order to complete the Order, the customer must complete the following steps:

1. Type the Site address ;
2. Follow the instructions on the Site and in particular, the instructions necessary to open a customer account;
3. Fill in the order form. In the event of prolonged inactivity during the connection, it is possible that the selection of Goods chosen by the customer before this inactivity is no longer guaranteed. The customer is then invited to restart his selection of Goods from the beginning;
4. Check the elements of the Order and, if necessary, identify and correct errors;
5. Validate the Order, the Total Price and the All-Inclusive Price (the "Order Validation");
6. Follow the instructions on the online payment server to pay the All-Inclusive Price.

The customer will then receive an electronic confirmation of acceptance of payment for the Order and choose the amount of the delivery.

The Customer shall also receive an electronic confirmation of receipt of the Order (the "Order Confirmation").

The customer shall receive electronic confirmation of the dispatch of the Order.

Delivery shall take place at the delivery address indicated by the client at the time of the Order.

When carrying out the various stages of the Order as described above, the Client undertakes to comply with these contractual terms and conditions in accordance withArticle 1366 of the Civil Code.

Mono Editions undertakes to honour the Order only within the limits of available stocks of the Goods. If the Goods are not available, Mono Editions undertakes to inform the Customer.

However, in accordance witharticle L. 122-1 of the French 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, if there is a dispute with the customer concerning the payment of a previous order.

As soon as the customer receives the email sent by Mono Editions, he/she can follow the progress of his/her order and delivery by clicking on the buttons " MY ACCOUNT " and " MY ORDERS ".

The customer can also track his order by contacting Mono Editions Customer Service at the e-mail address displayed on the order confirmation sent to the customer.

 

IV. - PAYMENT

All orders are payable in full by the customer.

To make the payment of his order, the customer has the following means of payment:

• Credit card: Visa and Master Card
• By bank transfer to Mono Editions' bank account, the details of which are available at the time of order validation. The order will be reserved for 72 hours from the validation of the basket and will only be confirmed on receipt of the amount transferred.

The customer must enter their bank details.

The communication by the customer of his credit card number is equivalent to authorisation to debit his account for the amount of the order.

Any order with payment by credit card is only considered effective when the payment centres concerned have given their agreement.

Any transmission of information by the customer is done in a secure context using the protocols in force on the Internet.

Le paiement effectué en ligne est réalisé par le biais de Stripe.

Mono Editions will not be obliged to deliver the products ordered by the customer if the customer does not pay the price in full in accordance with the above conditions.

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 progress.

An invoice will be sent 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 contacted by Mono Editions' Customer Service.

The customer is solely responsible for any failure to deliver due to a lack of information when placing the Order.

The amount of the Delivery Costs depends on the amount of the Order and the delivery method chosen by the client. In any case, the amount of the Delivery Costs shall be indicated to the client before the Order is validated.

The customer is responsible for all delivery costs.

Delivery times may vary depending on the availability of the Goods ordered.

Delivery times are given in working days and correspond to the average time required to prepare and send the Order.

Delivery times start from the date of the Order Confirmation by Mono Editions.

In the event of a delay in delivery, the Order shall not be cancelled.

Mono Editions will inform the Customer by e-mail that the Delivery will be delayed. The Customer may then decide to cancel the Order and will send an e-mail to Mono Editions requesting the cancellation of the Order.

If the Order has not yet been dispatched when Mono Editions receives the Customer's cancellation request, the Delivery will be blocked and the Customer will be reimbursed for any sums debited within fourteen days of receiving the cancellation request.

If the Order has already been dispatched when Mono Editions receives the customer's cancellation request, the customer may still cancel the Order by refusing the package. Mono Editions will then reimburse the amounts debited and the return costs paid by the Customer within fourteen days of receiving the returned package, complete and in its original condition.

The client can follow the progress of the Order in the purposed space on the Website.

The customer is obliged to check the condition of the packaging and the Articles on delivery.

It is the responsibility of the customer to make any reservations and claims that he/she deems necessary, or even to refuse the package, if the package is obviously damaged upon delivery.

Such reservations and claims must be addressed to the carrier by registered letter with acknowledgement 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 above-mentioned time limit extinguishes any action against the carrier in accordance witharticle L. 133-3 of the French Commercial Code.

The Customer must ensure that the Goods delivered to him/her correspond to the Order. In case of non-conformity of the Goods in kind or in quality to the specifications mentioned in the Delivery note, the customer must inform Mono Editions by e-mail at: contact@monoeditions.com (procedure described in VIII).

The risk of loss of or damage to the Goods passes to the customer at the time the customer, or a third party designated by the customer, takes physical possession of the Goods, regardless of their nature.

The product, which is delivered to the customer by a carrier chosen by Mono Editions, travels at Mono Editions' risk.

The product, which is delivered to the customer by a carrier chosen by the customer, travels at the customer's risk from the moment the Good is handed over to the carrier.

From the date of delivery indicated on the order form, the ownership of the product is transferred to the buyer, except in the case where the full payment of the price has not been received at the time of ordering.

 

 

VI. - PRODUCT INFORMATION

Mono Editions provides information on the essential characteristics of the products with the utmost rigour and undertakes to provide descriptions in the form of a " product sheet ".

Mono Editions also undertakes to publish 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/she may exercise within 14 calendar days from the date of receipt or collection of the Order. If this period expires on a Saturday, Sunday or public holiday, it shall be extended to the next working day.

The customer is solely responsible for the costs of returning the goods.

Product return procedure

The customer must exercise his or her right of withdrawal by contacting Mono Editions' customer service department by e-mail at: contact@monoeditions.com
:

• Please have the Order reference ready
• Take pictures of the items to be returned
• Receive return information from Mono Editions
• Prepare the package by putting the item back in its original packaging
• The partner carrier or Mono Editions will then contact the customer and make an appointment to collect the items returned by the customer. 

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 procedure for returning products is followed by the customer.

The customer may not exercise his right of withdrawal if the returned products are unfit for resale due to, for example, obvious damage.

In the event of the return of products by the customer who has exercised his right of withdrawal in accordance with this article, the customer shall bear the transport risks.

Refund of items

When the right of withdrawal is exercised, Mono Editions undertakes to reimburse the customer within fourteen days of the date on which this right was exercised, after having carried out all checks on the products.

The method of reimbursement will depend on the method of payment chosen by the customer.

Any product that has been damaged by the customer will not be refunded or will be partially refunded.

 

 VIII. - GUARANTEES

The guarantees provided for in articles L.217-7 to L.217-14 of the French Consumer Code, as well as in articles 1641 to 1649 of the French 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 obliged to deliver goods that comply with the Order placed by the Customer.

In the event of a lack of conformity, Mono Editions offers to replace or repair the goods.

The choice is up to the customer, unless this would entail for Mono Editions " a cost that is clearly disproportionate to the other method, given the value of the goods 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 hidden defects (articles 1641 to 1649 of the Civil Code)

Mono Editions is bound by " the guarantee for hidden defects in the item sold which render it unfit for the purpose for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would only have paid a lower price for it, if he had known about them ".

In the event of a hidden defect, Mono Editions offers to cancel the sale or to reduce the sale price in accordance with article 1644 of the Civil Code.

The time limit to act 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 guarantee cannot cover deterioration resulting from normal wear and tear or from a cause arising from the intrinsic qualities of the goods. The guarantee cannot cover deterioration resulting from abnormal use or use that does not comply with the instructions of Mono Editions, and in particular defects and their consequences linked 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 guarantee.

If you have any problems, please contact Mono Editions by e-mail at: contact@monoeditions.com 

 

IX. - LIABILITY

Exemption from liability

Mono Editions cannot be held responsible for damages resulting from the misuse of the products by the customer or in case of force majeure.

Cross-border contracts in the internal market

Mono Editions cannot be held responsible for the non-conformity of the product with the legislation of the consumer's country. It is the consumer's responsibility to check that the product is not prohibited for sale in his country.

Product safety defect

In the event of damage caused by a safety defect in the Goods, the Customer must seek the liability of the identifiable manufacturer from the information provided by Mono Editions where applicable.

  

X. - CONFIDENTIALITY OF PERSONAL DATA

In application of the European Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, Mono Editions collects the Customer's personal data for the purpose of processing the Customer's order, for the preparation of invoices by Mono Editions and in this case to identify the Customer.

"Personal data" refers to information about the Customer as a natural person, voluntarily provided by the Customer. Personal data thus includes nominative data (such as surnames, first names, contact details, etc.).

Mono Editions takes the privacy and protection of its Customers' personal data very seriously and undertakes to implement appropriate measures to ensure the protection of personal data.

In accordance with the French law "Informatique et libertés" n° 78-17 of January 6, 1978 modified by the law n°2004-801 of August 6, 2004 and the General Regulation on Data Protection, the Customer has a right of access, rectification, portability and deletion of information concerning him/her as well as a right to oppose the processing of his/her 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 forbidden.

The same applies to any combination or conjunction with any other brand, symbol, logotype and more generally any distinctive sign intended to form a composite logo, and to any copyright, design, 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 department by e-mail: contact@monoeditions.com or by post at the address of Mono Editions' head office, 12, rue de Liège in PARIS (75009).

In the event of failure to submit a complaint 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 these GTC 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 and, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.

 

XIII. - APPLICABLE LAW AND JURISDICTION

The present general conditions of sale shall be governed by French law.

Any dispute arising from the formation, interpretation or performance of this Contract shall be subject to the exclusive jurisdiction of the French courts, notwithstanding multiple defendants or third party claims.