General conditions of sale
www.maisonmonarque.com (the “ Site ") is published by SAS MONARQUE, a simplified joint-stock company with capital of €6,000, whose registered office is 76 Rue Plantagenêt 49000 Angers, registered with the Trade and Companies Register of Angers (SIRET: 8418 165 150 0016), whose intra-community VAT number FR 4384 1816 515.
APPLICATIONS OF THE GENERAL CONDITIONS OF SALE
The general conditions of sale (the " GTC ") detailed below apply to all orders for products and services placed via the Site (the " Products “) from SAS MONARQUE by any person (the “ Customer ”).
The Customer must read the T&Cs prior to any order (the " Order “), the T&Cs being available on the Site.
MONARQUE reserves the right to adapt or modify these T&Cs at any time. The version of the T&Cs applicable to any sale being the one appearing online on the www.maisonmonarque.com site at the time of the Order. Consequently, the fact of placing an Order requires full prior and unreserved acceptance of the GCS by the Customer by clicking on the button "I have read and I accept the general conditions of sale".
SITE INFORMATION AND SITE ACCESSIBILITY
www.maisonmonarque.com is an e-commerce site owned and managed by SAS MONARQUE.
The Site is accessible to all users of the Internet network in principle 24 hours a day, 7 days a week, except for interruption, scheduled or not, by MONARQUE or its service providers, for the purposes of its maintenance and/or security or in the event of force majeure. (as defined below). MONARQUE cannot be held responsible for any damage, whatever its nature, resulting from the unavailability of the Site.
MONARQUE does not guarantee that the Site will be free from anomalies, errors or bugs, or that the Site will operate without failure or interruption. In this regard, he may freely and at his entire discretion determine any period of unavailability of the Site or its content. MONARQUE cannot be held responsible for problems with data transmission, connection or unavailability of the network.
MONARQUE reserves the right to change the Site, for technical or commercial reasons. When these modifications do not substantially and negatively alter the conditions of the provision of services, the Client may be informed of the modifications made, but his acceptance is not requested.
REGISTRATION ON THE SITE
To be able to place an Order, the Customer must first register on the Site by creating an account grouping together the Customer's information (the " Account ").
The Client's registration on the Site is validated by MONARQUE after verification of the standard form completed by the Client. The Customer receives a registration confirmation email.
When creating his Account, the Customer must ensure the accuracy and completeness of the data he provides. The Customer is required to always update his personal information. In the event of an error in the wording of the recipient's contact details, MONARQUE cannot be held responsible for the impossibility of delivering the Products.
By registering on the Site, the Customer declares and guarantees to MONARQUE that he is of legal age and has the legal capacity to contract.
MONARQUE may delete the Client's Account at any time, for any reason, at its sole discretion.
The Products offered for sale are those described on the Site on the day the Customer consults the Site, within the limits of available stocks. These indications are updated automatically in real time. However, an error in the update, whatever its origin, does not engage the responsibility of MONARQUE. As such, MONARQUE cannot be held responsible for the cancellation of an Order for a Product due to the depletion of stocks.
MONARQUE takes the greatest care in the presentation and description of its Products to best satisfy the Customer's information. However, it is possible that errors may appear on the Site, which the Customer acknowledges and accepts.
MONARQUE does not guarantee the accuracy or security of information transmitted or obtained through the Site.
It is possible that the Customer receives following an Order a part previously returned by another person. It is specified that MONARQUE only accepts the return of undamaged and unworn Products, these two conditions being checked before returning the returned Products to stock.
Taking an Order on the Site is subject to compliance with the procedure set up by MONARQUE on the Site comprising successive stages leading to the validation of the Order.
The Customer can select as many Products as he wishes which will be added to the basket (the " Basket “). The Basket summarizes the Products chosen by the Customer as well as the prices and costs relating thereto. The Customer may freely modify the Basket before validating his Order. The validation of the Order constitutes confirmation of the acceptance by the Customer of the GCS, the Products purchased, their price as well as the associated costs.
A confirmation email summarizing the Order (Product(s), price, availability of the Product(s), quantity, etc.) will be sent to the Customer by MONARQUE. To this end, the Customer formally accepts the use of e-mail for confirmation by MONARQUE of the content of his Order. Invoices are available in the “my account” section of the Site.
1. REFUSAL TO PROCESS AN ORDER
MONARQUE reserves the right to withdraw any Product displayed on the Site at any time and to replace or modify any content or information appearing on the latter. Despite MONARQUE's best efforts to meet the expectations of its customers, the latter may refuse to process an Order after having sent the Customer the confirmation email summarizing the Order.
MONARQUE cannot be held liable to the Customer or a third party for the harmful consequences of the withdrawal of a Product from the Site, or the replacement or modification of any content or information appearing on this Site, or even the refusal to process an Order after sending the confirmation email summarizing the Order.
MONARQUE also reserves the right to refuse or cancel an Order from a customer with whom it has a dispute over the payment of a previous order.
VII. PRICES AND TERMS OF PAYMENT
The prices of the products are indicated on the Site in euros for Europe, in pounds sterling for Great Britain and in American dollars for the United States, including VAT, but excluding customs fees and other taxes. Customs charges and other taxes must be paid by the Customer directly to the carrier.
All prices displayed are calculated and include the value added tax (VAT) applicable in France or that applicable in the country of delivery located in the European Union.
MONARQUE reserves the right to modify its prices at any time, but the Products will be invoiced on the basis of the prices in force at the time of registration and payment of the Order, subject to availability.
The Products are payable in cash when the actual Order is placed.
Payment for purchases is made via Stripe, a secure payment platform.
Stripe (France) (site number: 807572011000), whose registered office is 14 Rue Saint Fiacre, 75002 PARIS. For any information, the Customer can consult the following website: https://www.stripe.com
The Customer expressly acknowledges that the communication of his bank card number to MONARQUE constitutes authorization to debit his Account up to the price of the Products ordered. Where applicable, a notification of Order cancellation for non-payment is sent to the Customer by MONARQUE to the email address provided by the Customer when registering on the Site.
The data recorded and kept by MONARQUE constitutes proof of the Order and of all past sales. The data recorded by Stripe constitutes proof of any financial transaction between the Customer and MONARQUE;
Deliveries are provided by the services of Collisimo, Chronopost from Monday to Saturday, depending on the option chosen by the Customer when validating his Order.
Delivery means the transfer to the Customer of the physical possession of the Products (the " Delivery ").
The Delivery costs applicable to the Order are those mentioned on the Site at the time of the Order in the section “ Delivery and returns ".
When MONARQUE takes care of the delivery of the Product, the risk of loss or deterioration of the Product is transferred to the Customer at the time of Delivery.
As an exception, the risk is transferred to the Customer when the Product is handed over to the carrier when the latter is responsible for transport by the Customer and not by MONARQUE.
Delivery is made to the delivery address indicated by the Customer, it being specified that this must be the residential address of the Customer, of a natural person of his choice or of a legal person (delivery to his company ). Delivery cannot be made to hotels or to PO boxes.
If it is impossible to carry out the Delivery, due to an incorrect delivery address or the absence of collection by the Customer of his Order from the selected collection point or from Chronopost, no reshipment can be carried out and the Customer will be contacted by email or telephone upon receipt of the Order by MONARQUE.
MONARQUE delivers Orders within a maximum period of FIFTEEN (15) working days for Delivery in Metropolitan France and twenty (22) working days for International Delivery, this period being counted from the first working day after validation of the command. The day after a collection is put online and from November 23 to December 31, the Delivery time may be increased by ten (10) days, given the large and exceptional volume of Orders.
In order for these deadlines to be respected, the Customer must ensure that he has communicated exact and complete information concerning the Delivery address (such as, in particular: street number, building number, staircase number, access, names and/or intercom numbers, etc.).
MONARQUE cannot be held responsible for delays in delivery that are not its fault or justified by a case of force majeure (as defined below).
If the Delivery time is exceeded, the Customer may request the cancellation of the sale and obtain, within a maximum period of fourteen (14) days of his request to this effect, the reimbursement of the sums paid on the occasion of the Order. Notwithstanding the foregoing, MONARQUE cannot be held responsible for the harmful consequences resulting from a delay in delivery, only reimbursement of the Product by MONARQUE being possible to the exclusion of any other form of compensation.
Deliveries can also be made to a Relay Point by the service provider Chrono Relais, subject to acceptance of the package by the selected Relay Point.
1. RIGHT OF WITHDRAWAL – REFUNDS AND RETURNS
9.1. Deadline and procedures for exercising the right of withdrawal
In accordance with article L.221-18 of the Consumer Code, the non-professional Customer has a period of fourteen (14) days from receipt of the Order to exercise his right of withdrawal from MONARQUE, without having to justify its decision.
For this, go to www.maisonmonarque.com/returns
9.2. Terms of return of the Order under the right of withdrawal
The right of withdrawal is exercised without penalty.
The Customer returns the Order with the prepaid return voucher provided by MONARQUE, without undue delay and, at the latest, within fourteen (14) days following the communication of its decision to withdraw in accordance with Article L. 221-21 of the Consumer Code.
Beyond this period of fourteen (14) days, the sale is firm and definitive. The Product must be returned in its original packaging, in its original condition, new, unworn, unwashed. To make a return, the Customer must follow the procedure indicated on the return form received with his Order. The return of the Products is covered by Maison Monarque if the place of Delivery is in France.
The return of the Products is the responsibility of the Customer and is at his own risk if the place of Delivery is not in France.
9.3. Reimbursement of Products returned under the right of withdrawal
Reimbursement of the Order by MONARQUE is made no later than fourteen (14) days from the date on which it is informed of the Customer's decision to withdraw.
However, the refund takes place provided that Maison Monarque has been able to recover the Products subject to the return and the refund request.
MONARQUE makes the refund using the same means of payment as that which will have been used for the payment of the Order, except with the express agreement of the Customer for it to use another means of payment and insofar as the refund does not cause cost to the consumer.
If the Customer fails to comply with these T&Cs, MONARQUE will not be able to reimburse the Products concerned. In all cases, the return costs are borne by Maison Monarque if the Product delivered to the Customer is different from the Product ordered or if it is delivered damaged.
1. WARRANTIES – LIMITATION OF LIABILITY
MONARQUE's liability with respect to any Product purchased on the Site is strictly limited to the purchase price of the latter. MONARQUE shall in no event be liable for the following losses, regardless of their origin:
– loss of revenue or sales
- operating loss
- loss of profits or contracts
- loss of expected savings
- data loss
- loss of work or management time
- image damage
- loss of opportunity, and in particular to order a Product,
- moral damage.
The documents, descriptions and information relating to the Products appearing on the Site are not covered by any guarantee, explicit or implicit, with the exception of the guarantees provided for by law.
MONARQUE provides no warranty regarding any harm that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horse, cancelbot, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair the functionality of a computer or to interfere with the proper working of it, including any transmission resulting from a download of any content made by the Customer, of the software used by the latter to download the content, of the Site or of the server which allows access to it. In this regard, the Customer acknowledges that it is his responsibility to install appropriate anti-virus and security software on his computer hardware and any other device in order to protect them against any bug, virus or other programming routine of this order proving harmful.
The Customer acknowledges assuming all risks related to any content downloaded or obtained in any other way through the use of the Site and agrees that he is solely responsible for any damage caused to his computer system or any loss of data resulting from the downloading of this content.
MONARQUE is only required to deliver Products that comply with the contractual provisions. The Products are considered to comply with the contractual provisions if the following conditions are met: (i) they must comply with the description and have the characteristics displayed on the Site; (ii) they must be suitable for the purposes for which such products are generally designed; (iii) they must meet the quality and resistance criteria which are generally accepted for products of the same type and which can reasonably be expected.
In addition, MONARQUE guarantees consumers against lack of conformity and hidden defects for the Products for sale on the Site under the following conditions:
Visible defect – Warranty – Legal compliance – Hidden defects
The presence of an apparent defect on a Product must give rise to a complaint by e-mail contact @maisonmonarque.com
The Customer must comply with the procedure relating to the right of withdrawal by informing MONARQUE beforehand by any means of the existence of this apparent defect, so that the return can be accepted.
Subject to the validation of a non-conformity or a hidden defect by MAISON MONARQUE or the manufacturer as the case may be, the Customer benefits from the following guarantees:
MONARQUE, whose registered office is 76 Rue Plantagenêt – 49000 ANGERS, France, acts as guarantor within the meaning of the provisions of articles L 217-5 and following of the Consumer Code and 1641 and following of the Civil Code.
Thus the Customer:
- benefits from a period of two (2) years from the delivery of the Product to act in the absence of conformity of the Product,
- is exempted from providing proof of the existence of the lack of conformity of the goods during the six (6) months following the delivery of the Product,
- can choose between repairing or replacing the Product, subject to the cost conditions provided for in article L217-9 of the consumer code;
The legal guarantee of conformity applies independently of the commercial guarantee described below.
In addition, the Customer can also implement the legal guarantee for hidden defects of the thing sold, within the meaning of articles 1641 and following of the Civil Code. The legal guarantee against hidden defects allows the Customer, within two years from the discovery of the defect, to reimburse a Product which has proven to be unsuitable for its use.
The warranty against hidden defects allows the Customer to be protected against hidden defects of the Product purchased and which prevent its use or affect it to such an extent that the Customer would not have purchased it.
The Customer then has the choice between two options: keep the Product and request a price reduction, or return the Product and request reimbursement of the price paid, in accordance with article 1644 of the Civil Code.
In order to implement these guarantees, the Product must be returned, in its original packaging, in its original condition, new, unworn, unwashed, with the references of the initial Order and a copy of the complaint to the head office. social of MONARQUE, after the sending of an e-mail indicating the reason for the return of the Product.
For all practical purposes, the following legal provisions are recalled:
Art. L217-4 of the Consumer Code: “The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility. »
Art. L217-5 of the Consumer Code: "The good complies with the contract: 1° If it is suitable for the use usually expected of a similar good and, where applicable (a) if it corresponds to the description given by the seller and possesses the qualities that the latter presented to the buyer in the form of a sample or model; (b) if it presents the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling; 2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted. »
Art. L217-7 of the Consumer Code: “The defects of conformity which appear within twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is set at six months. The seller can challenge this presumption if it is not compatible with the nature of the goods or the lack of conformity invoked. »
Art. L217-8 of the Consumer Code: “The buyer is entitled to demand that the goods conform to the contract. He cannot, however, contest conformity by invoking a defect which he knew or could not ignore when he contracted. The same applies when the defect has its origin in the materials supplied by him. »
Art. L217-9 of the Consumer Code: “In the event of a lack of conformity, the buyer chooses between the repair and the replacement of the good. However, the seller may not proceed according to the choice of the buyer if this choice entails a manifestly disproportionate cost with regard to the other method, taking into account the value of the good or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer. »
Art. L217-10 of the Consumer Code: “If the repair and replacement of the good is impossible, the buyer can return the good and have the price refunded or keep the good and have part of the price refunded. The same option is open to him: 1° If the solution requested, proposed or agreed pursuant to Article L. 217-9 cannot be implemented within one month of the buyer's complaint; 2° Or if this solution cannot be without major inconvenience for him given the nature of the property and the use he is looking for. However, the resolution of the sale cannot be pronounced if the lack of conformity is minor. »
Art. L217-11 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 preclude the award of damages. »
Art. L217-12 of the Consumer Code: “The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. »
Art. L217-13 of the Consumer Code: "The provisions of this section do not deprive the buyer of the right to exercise the action resulting from redhibitory defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or extra-contractual nature recognized by law. »
Art. 1641 of the Civil Code: "The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which diminish this use so much that the buyer would not have it acquired, or would have given only a lesser price, if he had known them. »
Art.1642 of the Civil Code: “The seller is not liable for apparent defects of which the buyer has been able to convince himself. »
Art. 1643 of the Civil Code: “He is liable for hidden defects, even if he did not know of them, unless, in this case, he has stipulated that he will not be bound by any guarantee. »
Art. 1644 of the Civil Code: “In the case of Articles 1641 and 1643, the buyer has the choice of returning the item and having the price refunded, or keeping the item and getting part of the price refunded. »
Art. 1646 of the Civil Code: “If the seller is unaware of the defects of the thing, he will only be required to refund the price, and to reimburse the purchaser for the costs incurred by the sale. »
Art. 1648 of the Civil Code: “The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. (…)”
In the event of the occurrence of an event of force majeure preventing the execution of these GCS, MONARQUE shall inform the Customer within fifteen (15) days of the occurrence of this event, by email or by registered letter with acknowledgment reception. Expressly, are considered as cases of force majeure or fortuitous event, in addition to those usually retained by the jurisprudence of French courts and tribunals, total or partial strikes, lockouts, riots, boycotts or other actions of an industrial nature or disputes business, civil disorder, insurrection, war, act of terrorism, severe weather, epidemic, blockage of transportation or supplies for any reason, earthquake, fire, storm, flood, water damage, government restrictions or legal, legal or regulatory changes in the forms of marketing, computer failure, blockage of telecommunications, including wired or wireless telecommunications networks, and any other case beyond the control of the parties preventing the normal execution of the contractual relationship. All of the parties' obligations are suspended for the duration of the force majeure event, without compensation. If the force majeure event continues for more than three (3) months, the transaction concerned may be terminated at the request of MONARQUE or the Client without compensation on either side. Failure to pay by the Customer cannot be justified by a case of force majeure.
1. PARTIAL DISABILITY
If one or more stipulations of these GCS are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will retain their full force. and their scope.
No tolerance, inaction or inertia on the part of MONARQUE may be interpreted as a waiver of its rights under the terms of the GCS.
XIII. MEDIATION - APPLICABLE LAW - JURISDICTION
The sale of Products is subject to French law.
In accordance with Article L. 152-1 of the Consumer Code, you can make free use of the MEDICYS mediation service to which we report electronically: https://app.medicys.fr/en?proId=0f5c75ce-18a5-4c0d-bd19-df7a0460d865 or by post: MEDICYS – 73 Boulevard de Clichy – 75009 PARIS”.
APPENDIX 1: Model withdrawal form
(Complete and return this form as well as the order number only if you wish to withdraw from the contract. We advise you to also specify your order number)
For the attention of MONARQUE – PLACE CALLED LE BOIS AUX PROUX 49430 BARACE
I hereby notify you of my withdrawal from the contract relating to the sale of the property(ies) below:
Ordered on …………….. (order date) and/or received on …………….. (delivery date)
Name of Consumer Client:
Address of the Consumer Client:
Signature of the Consumer Client (only in the event of notification of this form on paper)
For any information, you can contact Customer Service at firstname.lastname@example.org.
It is recalled that the secrecy of correspondence is not guaranteed on the Internet network and that it is up to each Internet user to take all appropriate measures to protect their own data and/or software from contamination by possible viruses circulating on the Internet.
MONARQUE, a simplified joint-stock company, with capital of €6,000, registered with the Trade and Companies Register of ANGERS under number 534 652 854, whose registered office is 76 Rue Plantagenêt - 49000 Angers, France.
The president of the publication is Clélia CHASSAGNEUX NGOM, legal representative of MAISON MONARQUE
III. DESIGN AND PRODUCTION
1. PERSONAL DATA AND COOKIES
In accordance with the provisions of law n° 78-17 of January 6, 1978 relating to data processing, files and freedoms, the site has been declared to the CNIL (Commission Nationale Informatique et Libertés).