www.maisonmonarque.com (the “Site “This website is published by SAS MAISON MONARQUE, a simplified joint stock company with a capital of 6000 €, whose head office is located at 34 rue les roches – 49610 Mozé sur Louet, registered at the Registre du Commerce et des Sociétés d’Angers (SIRET: 8418 165 150 0016), with the intra-community VAT number FR 4384 1816 515
APPLICATION OF THE GENERAL CONDITIONS OF SALE
The general terms and conditions of sale (“GTC“) detailed below apply to all orders of products and services placed through the Site (“Products“) with SAS MAISON MONARQUE by any person (“Customer“).
The Customer must read the General Terms and Conditions of Sale prior to placing any order (the “Order“), the General Terms and Conditions of Sale being available on the Site.
MAISON MONARQUE reserves the right to adapt or modify these terms and conditions at any time. The version of the GTC applicable to any sale is the one appearing online on the www.maisonmonarque.com website at the time of the Order. Consequently, placing an Order requires the Customer’s full and unconditional acceptance of the Terms and Conditions of Sale by clicking on the “I have read and accept the Terms and Conditions of Sale” button.
SITE INFORMATION AND ACCESSIBILITY
www.maisonmonarque.com is an e-commerce website owned and operated by SAS MAISON MONARQUE .
The Site is accessible to all users of the Internet network in principle 24 hours a day, 7 days a week, except for interruptions, scheduled or not, by MAISON MONARQUE or its service providers, for the needs of its maintenance and / or security or force majeure (as defined below). MAISON MONARQUE shall not be liable for any damages of any kind resulting from the unavailability of the Site.
MAISON MONARQUE does not warrant that the Site will be free of defects, errors or bugs, or that the Site will operate without failure or interruption. In this regard, it may freely determine at its sole discretion any period of unavailability of the Site or its content. MAISON MONARQUE cannot be held responsible for data transmission problems, connection problems or network unavailability.
MAISON MONARQUE reserves the right to change the Site, for technical or commercial reasons. When these modifications do not alter the conditions of the provision of the services in a substantial and negative way, the Customer may be informed of the modifications made, but his acceptance is not requested.
REGISTRATION ON THE SITE
In order to place an Order, the Customer must first register on the Site by creating an account containing the Customer’s information (the “Account“).
The registration of the Client on the Site is validated by MAISON MONARQUE after verification of the standard form filled by the Client. The Customer will receive an e-mail confirmation of registration.
When creating his Account, the Customer must ensure the accuracy and completeness of the data he provides. The Customer is required to keep his personal information up to date. In case of error in the address of the recipient, MAISON MONARQUE cannot be held responsible for the impossibility to deliver the Products.
By registering on the Site, the Client declares and guarantees to MAISON MONARQUE that he is of age and has the legal capacity to contract.
MAISON MONARQUE may delete the Customer’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, subject to availability. These indications are automatically updated in real time. However, MAISON MONARQUE is not responsible for any error in the update, regardless of its origin. As such, MAISON MONARQUE cannot be held responsible for the cancellation of an order of a product due to the exhaustion of stocks.
MAISON MONARQUE takes the utmost care in the presentation and description of its Products to best satisfy the information of the Customer. It is however possible that errors may appear on the Site, which the Customer acknowledges and accepts.
MAISON MONARQUE does not guarantee the accuracy or security of any information transmitted or obtained through the Site.
It is possible that the Customer may receive a part following an Order that was previously returned by another person. It is specified that MAISON MONARQUE only accepts the return of undamaged and unworn Products, these two conditions being controlled before the return of the Products.
The taking of an Order on the Site is subject to the respect of the procedure set up by MAISON MONARQUE on the Site including successive steps leading to the validation of the Order.
The Customer may select as many Products as he/she wishes to add to the basket (the “Shopping Cart“). The Basket summarizes the Products chosen by the Customer as well as the prices and the related expenses. The Customer may freely modify the Shopping Cart before validating the Order. The validation of the Sales Order confirms the Customer’s acceptance of the General Terms and Conditions of Sale, the Products purchased, their prices and the associated costs.
A confirmation email summarizing the Order (Product(s), price, availability of the Product(s), quantity…) will be sent to the Customer by MAISON MONARQUE. To this end, the Customer formally accepts the use of electronic mail for the confirmation by MAISON MONARQUE of the content of his Order. Invoices are available in the “my account” section of the Site.
1. REFUSAL TO PROCESS AN ORDER
MAISON MONARQUE reserves the right to remove any Product displayed on the Site at any time and to replace or modify any content or information on the Site. Despite MAISON MONARQUE’s best efforts to satisfy its customers’ expectations, MAISON MONARQUE may refuse to process an Order after having sent the Customer the confirmation email summarizing the Order.
MAISON MONARQUE shall not be liable to the Customer or any third party for the harmful consequences of the removal of a Product from the Site, or the replacement or modification of any content or information on this Site, or the refusal to process an Order after the confirmation email summarizing the Order has been sent.
MAISON 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 PAYMENT TERMS
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 duties and other taxes. Customs duties 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 in the country of delivery located in the European Union.
MAISON MONARQUE reserves the right to modify its prices at any time but the Products will be invoiced on the basis of the prices in effect at the time of the registration and payment of the Order, subject to availability.
The Products are payable in cash at the time of the effective Order.
The payment of purchases is made via Stripe, a secure payment platform.
Stripe (France) (siret number: 807572011000), whose head office is located at 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 credit card number to MAISON MONARQUE is an authorization to debit his Account for the price of the ordered Products. If necessary, an Order cancellation notification for non-payment is sent to the Customer by MAISON MONARQUE on the email address provided by the Customer when registering on the Site.
The data recorded and kept by MAISON MONARQUE constitute the proof of the Order and of all past sales. The data recorded by Stripe constitute the proof of any financial transaction between the Customer and MAISON MONARQUE ;
Deliveries are made by Collisimo or Chronopost from Monday to Saturday, depending on the option chosen by the Customer when validating his/her Order.
Delivery means the transfer to Customer of physical possession of the Products (the “Delivery“).
The delivery charges applicable to the Order are those mentioned on the Site at the time of the Order in the “Delivery and Returns” section.
When MAISON 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 upon delivery of the Product to the carrier when the carrier is in charge of the transportation by the Customer and not by MAISON MONARQUE.
Delivery is made to the delivery address indicated by the Customer, it being specified that this address must be the residence 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 post office boxes.
In case of impossibility to make the Delivery, due to an erroneous delivery address or to the failure of the Customer to collect his Order from the selected collection point or from Chronopost, no reshipment will be made and the Customer will be contacted by email or by phone from the moment MAISON MONARQUE receives the Order
MAISON MONARQUE delivers the Orders within a maximum of FIFTEEN (15) working days for a Delivery in Metropolitan France and twenty (22) working days for an international Delivery, this period being counted from the first working day after the validation of the Order. 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 met, the Customer must ensure that it has provided accurate and complete information concerning the delivery address (such as, in particular: street number, building number, staircase number, access codes, names and/or intercom numbers, etc.).
MAISON MONARQUE will not be held responsible for any delay in delivery that is 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 a refund of the sums paid for the Order within a maximum of fourteen (14) days of its request. Notwithstanding the above, MAISON MONARQUE will not be held responsible for the consequences of a delay in delivery, only the reimbursement of the product by MAISON MONARQUE being possible to the exclusion of any other form of compensation.
Deliveries can also be made to Relay Points 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. Time limit and modalities for exercising the right of withdrawal
In accordance with Article L.221-18 of the French Consumer Code, the non-professional customer has a period of fourteen (14) days from the receipt of the Order to exercise his right of withdrawal from MAISON MONARQUE, without having to justify his decision.
For this, please visit www.maisonmonarque.com/retours
9.2. Methods of returning the Order within the framework of the right of withdrawal
The right of withdrawal is exercised without penalty.
The Customer returns the Order with the prepaid return form provided by MAISON MONARQUE, without undue delay and, at the latest, within fourteen (14) days following the communication of his decision to withdraw in accordance with Article L. 221-21 of the Consumer Code.
After this period of fourteen (14) days, the sale is firm and final. The Product must be returned in its original packaging, in its original, new, unworn, unwashed condition. To make a return, the Customer must follow the procedure indicated on the return form received with the Order. The return of the Products is taken care of by Maison Monarque if the place of delivery is in France.
The return of the Products is at the Customer’s expense and risk if the place of delivery is not in France.
9.3. Refund of Products returned under the right of withdrawal
The refund of the Order by MAISON MONARQUE will be made within fourteen (14) days from the date it is informed of the Customer’s decision to withdraw.
However, the refunding intervenes under reserve that Maison Monarque could recover the Products object of the return and of the request for refunding.
MAISON MONARQUE will make the refund using the same means of payment that was used for the payment of the Order, unless the Customer expressly agrees to use another means of payment and insofar as the refund does not incur any costs for the consumer.
If the Customer does not respect these terms and conditions, MAISON MONARQUE will not be able to refund the Products concerned. In all the cases, the expenses of return are the responsibility of Maison Monarque if the Product delivered to the Customer is different from the ordered Product or if it is delivered damaged.
1. WARRANTIES – LIMITATION OF LIABILITY
MAISON MONARQUE’s liability with respect to any Product purchased on the Site is strictly limited to the purchase price of the Product. MAISON MONARQUE will not be responsible for the following losses, regardless of their origin:
– loss of income or sales
– operating loss
– loss of profits or contracts
– expected loss of 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 warranty, express or implied, except for the warranties provided by law.
MAISON MONARQUE makes 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 interfere with the proper working of a computer, including any transmission resulting from a Customer’s downloading of any Content, the software used by the Customer to download the Content, the Site or the server that makes the Content available. In this regard, Customer acknowledges that it is Customer’s responsibility to install appropriate anti-virus and security software on Customer’s computer hardware and other devices to protect them from bugs, viruses or other such harmful programming routines.
Customer acknowledges that it assumes all risks associated with any content downloaded or otherwise obtained through the use of the Site and agrees that it is solely responsible for any damage to its computer system or loss of data that results from the download of such content.
MAISON MONARQUE is only obliged to deliver Products that comply with the contractual provisions. The Products are considered to be in conformity with the contractual provisions if the following conditions are met: (i) they must conform to the description and possess the characteristics set out 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 strength criteria that are generally accepted for products of the same type and that can reasonably be expected.
In addition, MAISON MONARQUE guarantees the consumers of the defects of conformity and hidden defects for the Products on sale on the Site under the following conditions:
Apparent defect – Warranty – Legal conformity – Hidden defects
The presence of an apparent defect on a Product must give rise to a complaint by e-mail firstname.lastname@example.org
The customer will have to comply with the procedure relating to the right of withdrawal by informing MAISON MONARQUE of the existence of this apparent defect, so that the return can be accepted.
Subject to the validation of a non-conformity or a defect by MONARCH HOUSE or the manufacturer as the case may be, the Customer benefits from the following guarantees:
MAISON MONARQUE whose head office is located at 40 RUE SAINT NICOLAS – 49100 ANGERS, France, acts as a guarantor in accordance with the provisions of articles L 217-5 and following of the French Consumer Code and 1641 and following of the Civil Code.
Thus the Client :
– shall have a period of two (2) years from the date of delivery of the Product to take action for lack of conformity of the Product,
– is exempt from proving the existence of the lack of conformity of the goods during the six (6) months following the delivery of the Product,
– may choose between repairing or replacing the Product, subject to the cost conditions set forth 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 under the hidden defects of the thing sold, within the meaning of Articles 1641 and following of the Civil Code. The legal guarantee of hidden defects allows the Customer, within a period of two years from the discovery of the defect, to be reimbursed for a Product that has proven to be unfit for its purpose.
The warranty of hidden defects allows the Customer to be protected against hidden defects of the purchased Product 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 ask for a reduction of the price, or return the Product and ask for a refund 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 original Order and a copy of the claim to the head office of MAISON MONARQUE, after sending an email indicating the reason for the return of the Product.
For all practical purposes, the following legal provisions are recalled:
Art. L217-4 of the French Consumer Code: “The seller delivers goods that conform to the contract and is responsible for any defects in conformity existing at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter has been put at his charge by the contract or has been carried out under his responsibility.”
Art. L217-5 of the Consumer Code: “The goods are in conformity with the contract: 1° If it is fit for the purpose usually expected of similar goods and, where applicable (a) if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model ; (b) if it has the qualities that a buyer may 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 between the parties or is fit for any special purpose sought by the buyer, brought to the seller’s attention and accepted by the latter “
Art. L217-7 of the French Consumer Code: “Conformity defects that appear within twenty-four months of 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 may rebut this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.”
Art. L217-8 of the Consumer Code: “The buyer is entitled to demand the conformity of the goods to the contract. However, he cannot contest the conformity by invoking a defect that he knew or could not ignore when he contracted. The same applies when the defect has its origin in the materials that he himself provided.”
Art. L217-9 of the French Consumer Code: “In the event of a lack of conformity, the buyer may choose between repairing or replacing the goods. However, the seller may not proceed according to the buyer’s choice if this choice entails a cost that is clearly disproportionate to the other method, given the value of the goods or the importance of the defect. He is then obliged to proceed, unless this is impossible, according to the method not chosen by the buyer.
Art. L217-9 du code de la consommation français : ” En cas de défaut de conformité, l’acheteur peut choisir entre la réparation et le remplacement du bien. Toutefois, le vendeur ne peut procéder selon le choix de l’acheteur si ce choix entraîne un coût manifestement disproportionné par rapport à l’autre mode, compte tenu de la valeur du bien ou de l’importance du défaut. Il est alors obligé de procéder, sauf impossibilité, selon le mode non choisi par l’acheteur.
Art. L217-11 of the French Consumer Code: “The application of the provisions of articles L. 217-9 and L. 217-10 is without any cost for the buyer. These same provisions do not prevent the allocation of damages.
Art. L217-12 of the Consumer Code: “The action resulting from the defect of conformity is prescribed by two years as from the delivery of the good.
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 the redhibitory defects such as it results from articles 1641 to 1649 of the civil code or any other action of contractual or extra-contractual nature which is recognized by the law.
Art. 1641 of the Civil Code: “The seller is bound by the warranty for latent defects of the thing sold which render it unfit for the purpose for which it was intended, or which so diminish that purpose that the buyer would not have acquired it, or would have given only a lesser price for it, if he had known of them.”
Art.1642 of the Civil Code: “The seller is not bound by apparent defects of which the buyer could convince himself.”
Art. 1643 of the Civil Code: “He is liable for hidden defects, even if he did not know about them, unless, in this case, he has stipulated that he will not be obliged to provide any guarantee.
Art. 1644 of the Civil Code: “In the case of articles 1641 and 1643, the buyer has the choice to return the thing and have the price returned, or to keep the thing and have part of the price returned.”
Art. 1646 of the Civil Code: “If the seller was unaware of the defects of the thing, he will only be held to the restitution of the price, and to reimburse the purchaser for the expenses caused by the sale.
Art. 1648 of the Civil Code: “The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. (…) “
In case of an event of force majeure preventing the execution of these GTC, MAISON MONARQUE will inform the Customer within fifteen (15) days from the occurrence of this event, by email or by registered letter with acknowledgment of receipt. In addition to those usually accepted by the jurisprudence of French courts and tribunals, the following are expressly considered to be cases of force majeure or fortuitous events: total or partial strikes, lockouts, riots, boycotts or other actions of an industrial nature or commercial disputes, civil unrest, insurrection, war, acts of terrorism, bad weather, epidemics, blockage of means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, governmental or legal restrictions, legal or regulatory changes in the forms of marketing, computer failure, blockage of telecommunications, including wired or wireless telecommunications networks, and any other event beyond the control of the parties preventing the normal performance of the contractual relationship. All obligations of the parties 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 MAISON MONARQUE or the Client without compensation to either party. The Customer’s failure to pay cannot be justified by a case of force majeure.
1. PARTIAL INVALIDITY
If one or more provisions of these GTC are held to be invalid or declared as such in application of a law, a regulation or following a definitive decision of a competent jurisdiction, the other provisions shall retain all their force and scope.
No tolerance, inaction or inertia on the part of MAISON MONARQUE shall be construed as a waiver of its rights under the GTC.
XIII. MEDIATION – APPLICABLE LAW – COMPETENT JURISDICTION
The sale of Products is subject to French law.
In accordance with Article L. 152-1 of the French Consumer Code, you may have free recourse to the MEDICYS mediation service of which we are a part by e-mail: https://app.medicys.fr/en?proId=0f5c75ce-18a5-4c0d-bd19-df7a0460d865 or by post: MEDICYS – 73 Boulevard de Clichy – 75009 PARIS.
APPENDIX 1: Sample Withdrawal Form
(Complete and return this form and the order number only if you wish to withdraw from the contract. We advise you to also specify your order number)
To the attention of MAISON MONARQUE – LIEU DIT LE BOIS AUX PROUX 49430 BARACE
I hereby notify you of my withdrawal from the contract for the sale of the good(s) below:
Ordered on ……………..(date of order) and/or received on ……………..(date of delivery)
Consumer Client Name:
Consumer Customer Address:
Signature of the consumer customer (only in case of notification of this form on paper)
For any information, you can contact the Customer Service at email@example.com.
It is reminded that the secrecy of correspondence is not guaranteed on the Internet 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 any viruses circulating on the Internet.
MAISON MONARQUE, a simplified joint stock company, with a capital of 6.000 €, registered in the Trade and Companies Register of ANGERS under the number 534 652 854, whose registered office is 40 rue Saint Nicolas- 49100 Angers, France.
The president of the publication is Clélia CHASSAGNEUX NGOM legal representative of MAISON MONARQUE
III. DESIGN AND REALIZATION
1. PERSONAL DATA AND COOKIES
In accordance with the provisions of the law n° 78-17 of January 6, 1978 relating to data processing, the files and freedoms, the site was the subject of a declaration with the CNIL (Commission Nationale Informatique et Libertés).