Terms of sale

These general terms and conditions of sale apply between HMS Club SAS, hereinafter referred to as "the Company", and any individual making a purchase via the www.monawatches.com website, hereinafter referred to as "the Buyer".

The purpose of the present terms and conditions is to define the terms and conditions of distance selling between the Company and the Buyer, from ordering to payment and delivery. They regulate all the steps necessary for placing an order and ensure the follow-up of this order between the contracting parties.

Placing an order on the www.monawatches.com website published by HMS Club SAS implies unreserved acceptance of the provisions of these terms and conditions.




-ARTICLE 1: CONFORMITY AND AVAILABILITY OF PRODUCTS

The products offered for sale by the Company are those listed on the Site on the day the Buyer consults the Site. Products are offered for sale while stocks last. In the event of an error concerning the availability of an ordered product, the Company will inform the Buyer by e-mail as soon as possible. The Buyer will have the option of having the product replaced by another of equivalent quality and price, or of cancelling the order. The products offered for sale are described and presented as accurately as possible. The Company cannot be held responsible for any errors or omissions in this presentation. The photographs and texts illustrating the products are for guidance only and are not contractually binding.




-ARTICLE 2: PRICES

The prices displayed on the Site are indicated in euros, inclusive of all taxes, including VAT, but excluding shipping and order processing costs. Should the VAT rate be modified, these changes may be passed on to the customer without prior notice.




-ARTICLE 3: ORDERING

All orders imply the Buyer's express and irrevocable acceptance of the prices and descriptions of the products available for sale, as well as of the present terms and conditions. Once the order has been validated, the Company will send the Buyer a confirmation e-mail to the e-mail address indicated when the order was placed. An invoice corresponding to the exchange will be given to the customer upon delivery. It is up to the customer to choose the method of exchange. The sale will be effective only after acceptance of the confirmation of the order by the company by mail (mails) and after total collection of the price concerning the order by the company. The company undertakes to send the order within the timeframe corresponding to your sector, specified on the order confirmation. However, these deadlines are given as an indication only, and any delay will not give rise to any damages, withholding or cancellation of the customer's order. If the products have not been delivered after the indicative delivery date, the sale may only be cancelled at the customer's written request. The sum paid by the customer will then be refunded without delay. Upon receipt of the order, the customer must check that the product(s) delivered are in good condition. The customer has 15 days after receipt of the order to make a written (or e-mail) complaint about the non-conformity of the product. After this period, the order will be considered valid and compliant.



-ARTICLE 4: PAYMENT (SECURE PAYMENT)

Orders may be paid for by credit card or cheque. For online payment by credit card, only cards bearing the "CB" symbol, cards bearing the "VISA", "EUROCARD" or "MASTERCARD" brand accepted in France, or cards issued within the framework of international networks, approved by the Groupe d'Intérêts Économiques (GIE) Cartes Bancaires, are accepted. Validation of the order by means of the credit card number and expiry date constitutes a mandate to pay the price of the said order. The amount of the order is not debited until the products are dispatched. Cheques must be issued in euros by a bank domiciled in France. Cheques are cashed on receipt. The Buyer must make the cheque payable to HMS Club SAS and send it to the following address: HMS Club SAS 5 rue Fénélon 33000 Bordeaux. In the event of payment by cheque, the order will not be processed until the cheque has been cashed in full. The Company uses the ATOS security service. The confidential data relating to the means of payment are not accessible by the Company, but are managed directly by the security service. In accordance with article L.441-6 of the French Commercial Code, compensation will be payable based on three times the current legal interest rate. For any customer whose bank account is domiciled in a foreign country other than France, the customer will be responsible for currency exchange charges. For these customers, the BEN option must be selected at the time of online payment.

Payment in instalments is handled by our partner Alma. In the event of a dispute with this company, you may appeal to the AFEPAME consumer ombudsman".




-ARTICLE 5: DELIVERY

Except in special cases (temporary unavailability of products in stock), orders will be delivered at once. Products ordered will be sent to the delivery address indicated by the Buyer when placing the order. Logistical preparation and shipping costs are inclusive of VAT. All deliveries are announced by e-mail. The maximum delivery time is 10 working days from the time the product is ordered on the Site. Packages are delivered by La Poste or by an express carrier to the address indicated when the order was placed. HMS Club SAS cannot guarantee a precise delivery time. HMS Club SAS shall not be held liable in the event of contractual non-performance resulting from force majeure, including, but not limited to, war, riot, insurrection, interruption of transport, import problems, strike, shortage, fire, earthquake, storm or flood. HMS Club SAS delivers its products worldwide. Products are dispatched with the delivery note, to the delivery address indicated by the Customer at the time of ordering. Delivery cannot be made to hotels or post office boxes. The delivery times indicated on the site are indicative times, corresponding to average processing and delivery times. Delivery times are calculated from the date of assembly. In order to meet these deadlines, the Customer must ensure that he 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.). In the event of a delay in delivery of more than seven days in relation to the estimate given on the order confirmation, if this is not due to force majeure, the Buyer may cancel the order. The order will then be reimbursed within 30 days.




-ARTICLE 6: TRANSFER OF RISK

The transfer of risk is effective upon confirmation of the order. Our company's products and the correlative risks of loss and deterioration relating thereto shall be transferred upon acceptance of the order by our company. In this way, the parties agree on the goods and the price, regardless of the date of payment and delivery. The product travels at the customer's risk. In the event of damage, the customer may file a claim with the carrier in accordance with the legal and regulatory conditions in force.



AVAILABILITY

In the event of unavailability of the product ordered, the Company will inform the Purchaser by sending an e-mail to the e-mail address indicated when the order was placed. The Buyer then has the option of either being delivered a product of equivalent quality and price, subject to availability, or being reimbursed the price of the order within thirty days of payment of the order. The cost of delivery of the new product will be borne by the Company.




-ARTICLE 7: RIGHT OF WITHDRAWAL

The Buyer has a period of 14 days from delivery of the products, or from acceptance of the offer for services, to exercise his right of withdrawal without having to justify his reasons or pay any penalties, with the exception, where applicable, of the cost of returning the goods. If the 14-day period expires on a Saturday, Sunday or public holiday, it is extended until the next working day. If the right of withdrawal is exercised, the Company will reimburse the Buyer for all sums paid, as soon as possible and no later than thirty days following the date on which this right was exercised.




-ARTICLE 8: RETURNS

From the date of receipt of the order, the Buyer has 14 days to return a product. After this period, the products delivered will be deemed to be in conformity and accepted by the customer, and the Company reserves the right to refuse the exchange, credit note or refund. The returned item must be in its original packaging, in perfect condition and within 14 days of delivery, accompanied by the completed return slip. Return shipping costs are at the customer's expense outside Metropolitan France.




-ARTICLE 9: WARRANTIES AND LIABILITY

The Company is liable for defects in conformity existing at the time of delivery of the product. It is also liable for defects in conformity resulting from packaging, assembly instructions or installation (when the latter has been made its responsibility under the contract or has been carried out under its responsibility). In the event of delivery of a non-conforming product, or in the event of delivery of a product revealing a hidden defect, the Company undertakes either to reimburse the Purchaser for the price of the product, or to exchange the product for an identical one subject to available stocks, or to exchange it for a product of equivalent quality and price subject to available stocks. Any action arising from a lack of conformity shall be barred after two years from the date of delivery of the goods. Actions arising from redhibitory defects must be brought by the purchaser within two years of discovery of the defect. These provisions are not exclusive of the right of withdrawal defined in article 7 of the present terms and conditions. Products modified, repaired, integrated or added by the Purchaser or any other person not authorized by the supplier of the said product or service are excluded from the warranty. The warranty does not cover visible defects. The warranty will not cover products or services damaged in transit or by misuse. The Company may not be held liable in the event of failure to meet its contractual obligations due to an act of God or force majeure, as defined by case law.




-ARTICLE 10: WARRANTY


The products supplied by the Vendor benefit, in accordance with legal provisions, from - the legal guarantee of conformity, - the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and rendering them unfit for use, - the Manufacturer's guarantee, depending on the products and brands concerned.All warranties are excluded in the event of misuse, negligence or lack of maintenance on the part of the Buyer, as well as in the event of normal wear and tear, accident or force majeure, and the Seller's warranty is limited to the replacement or reimbursement of non-conforming or defective products.In order to assert his rights, the Buyer must, under penalty of forfeiture of any action relating thereto, inform the Vendor in writing of the existence of the defects within a maximum period of "Delay" as from their discovery. The Vendor will replace or repair any products or parts under warranty found to be defective. The products sold on the website comply with the regulations in force in France.The Vendor may not be held liable for failure to comply with the legislation of the country to which the products are delivered, which it is the responsibility of the Buyer to check.The photographs and illustrations accompanying the products on the website have no contractual value, and the Vendor cannot be held liable for them. The Buyer is solely responsible for the choice of products, their conservation and their use. The Vendor shall not be held responsible or liable for any delay or non-performance resulting from the occurrence of a case of force majeure as usually recognized by French jurisprudence.Last article of the General Terms and Conditions of Sale:Pre-contractual information - Acceptance by the Customer The Customer acknowledges having been provided, prior to the conclusion of the contract, in a clear and comprehensible manner, with the present General Sales Conditions and with all the information and details referred to in article L 121-19 of the French Consumer Code, and in particular :- the main characteristics of the services offered, to the extent appropriate to the communication medium used and the services concerned; - the identity of the professional (company name, geographical address of the establishment and telephone number); - the total price of the services including all taxes or, where the price cannot reasonably be calculated in advance due to the nature of the service, the method of calculating the price and, where applicable, any additional charges or, where such charges cannot reasonably be calculated in advance, a statement that such charges may be payable; - where applicable, the terms of payment, performance, the date on which the Service Provider undertakes to perform the service and the arrangements for handling complaints; - a reminder of the legal guarantee of conformity of the services, the existence of an after-sales service and commercial guarantees, where applicable, as well as the conditions relating thereto; - the duration of the contract, where applicable, or, in the case of an open-ended or automatically renewable contract, the conditions for terminating the contract. The fact that a natural person (or legal entity) places an order on the Vendor's website implies full acceptance of these General Terms and Conditions of Sale, which is expressly acknowledged by the Buyer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against the Vendor.





-ARTICLE 11: PERSONAL DATA


When creating a personal account and validating an order, the Customer must provide his/her surname, first name, postal address, telephone number and e-mail address.

The Vendor takes all necessary measures to ensure the security of the Customer's personal data.

However, it cannot be held responsible in the event of interception of said data by an unauthorized third party.

Pursuant to Law no. 78-17 of January 6, 1978 and the General Data Protection Regulation of April 27, 2016, the Customer has the right to access, rectify and port this data, which may be exercised by sending a written request by post to HMS Club SAS, 5 rue Fénélon, 33000 Bordeaux or directly by email: contact@monawatches.com.

Customers also have the right to delete their personal account and personal data, which they can exercise in the same way.

The deletion of the Customer's personal account and personal data will take place within a maximum period of one (1) month following receipt of the deletion request.

However, it is expressly provided that the Vendor shall have the right to retain certain data in order to defend its interests in the event of a subsequent claim or dispute.



-ARTICLE 12: DISPUTES

Any dispute relating to the application and/or interpretation of the GCS shall be governed by French law.

Priority must be given to an attempt at amicable settlement.

The Customer may, after first approaching the Vendor in writing, refer any consumer dispute which has not been settled amicably to the Mediator whose contact details are given below:

Center de la Médiation de la Consommation de Conciliateurs de Justice (CM2C)

14 rue Saint Jean 75017 PARIS

Telephone number: 01 89 47 00 14

www.cm2c.net

In the event of failure to reach an amicable settlement, the dispute will be referred to the competent court in accordance with the rules of common law.





-ARTICLE 13: INTELLECTUAL PROPERTY

All elements of the Site are protected by copyright, trademarks or patents. They are the exclusive property of the Company. Any total or partial reproduction of its content is strictly prohibited and may constitute an infringement of copyright.





-ARTICLE 14: APPLICABLE LAW AND JURISDICTION

These general terms and conditions of sale are governed by and construed in accordance with French law. In the event of a dispute, the Buyer undertakes to contact the Company as a matter of priority in order to attempt to resolve amicably any disagreement that may arise between the parties. Failing conciliation, the French courts shall have sole jurisdiction.





-ARTICLE 15: MODIFICATIONS TO THE TERMS OF SALE

The Company reserves the right to adapt or modify these terms and conditions of sale at any time. In the event of modification, the general sales conditions in force on the day of the order will be applied to each order.