Terms of service

The website monawatches.com (hereinafter the "Site") is published and managed by the company HMS Club SAS, a simplified joint-stock company with a sole shareholder and a share capital of 2,500 euros, registered with the Bordeaux Trade and Companies Register, with its registered office at 5 rue Fénélon, 33000 Bordeaux (hereinafter "HMS Club SAS").

It showcases the products – watches and accessories – (hereinafter the "Products") offered by HMS CLUB SAS to its customers.

**Article 1: PURPOSE**

These general terms of use (hereinafter the "Terms of Use") aim to define the conditions of use of the Site.

The User's consultation of the Site (hereinafter the "User") implies acceptance of the Terms of Use.

It is expressly agreed that any provision contrary to those in the Terms of Use will be considered as unwritten, and if any clause is declared null or ineffective, the validity of the other clauses will not be affected.

The Terms of Use may be modified, and it is the user's responsibility to consult the latest version of these conditions on each visit.

**Article 2: ACCESS TO THE SITE**

Access to the Site is free.

The Site is accessible 24/7, except in cases of force majeure or events beyond the control of a third party, as usually recognized and defined by French jurisprudence.

Similarly, exceptionally, the User is informed that the operation of the Site may be temporarily suspended to allow HMS CLUB SAS and its service providers to carry out maintenance and/or technical operations.

The User cannot claim any damage to HMS CLUB SAS in case of unavailability of the Site.

HMS CLUB SAS reserves the right to refuse access to the Site to any User at any time if the User does not comply with the Terms of Use, infringes on the rights of HMS CLUB SAS (including intellectual property rights), or violates the rights of third parties.

**Article 3: USER RESPONSIBILITY**

The User undertakes to comply with these Terms of Use.

Any violation and/or unauthorized use of the Site or its contents by the User may result in damages and/or any other sanction in legal proceedings, especially in the event of the User's violation of intellectual property rights and image rights of HMS CLUB SAS or third parties.

**Article 4: HMS CLUB SAS RESPONSIBILITY**

HMS CLUB SAS makes its best efforts to ensure that the information contained on the Site is as accurate as possible.

In the event that the Site contains inaccuracies, omissions, errors, or malfunctions, the User is invited to inform HMS CLUB SAS.

The User is informed that they cannot claim any damage to HMS CLUB SAS in case of defects and/or malfunction of the Site.

Any content downloaded from the Site is at the User's own risk and under their sole responsibility.

Therefore, HMS CLUB SAS cannot be held responsible for any damage suffered by the User or any loss of data resulting from such download.

It is specified that the photographs on the Site are provided for indicative purposes only and have no contractual value.

Furthermore, HMS CLUB SAS disclaims all liability, especially in the following cases:

- Defective operation of the User's infrastructure (hardware, software, operating system...)
- Malfunctions likely to occur in the User's network resources (bandwidth slowdown, internet network congestion...)
- Interruption of services related to maintenance operations or technical incidents
- System security (e.g., viruses...)
- Identity theft of the User

In general, HMS CLUB SAS cannot be held responsible for the consequences of the User's violation of these Terms of Use.

**Article 5: HYPERTEXT LINKS**

The Site contains hypertext links to sites edited and managed by third parties.

It is expressly stated that these sites are not under the control of HMS CLUB SAS.

Consequently, HMS CLUB SAS cannot be held responsible for the availability of these sites, the content, advertisements, or services available on or from these sites.

**Article 6: COOKIES**

The Site contains different types of cookies:

1. Technical cookies: essential for the User's navigation to ensure the operation of the Site and facilitate the User's visit.
2. Audience measurement and statistics cookies: intended to optimize the User's experience on the Site and collect data on Site attendance.
3. Sharing cookies: allowing the User to share content from the Site.
4. Security cookies: intended to secure the User's visit to the Site, especially during online payments to prevent fraud.
5. Advertising cookies: to allow HMS CLUB SAS and third parties to display advertising content on the Site adapted to the User's interests.

Each time the User visits the Site, HMS CLUB SAS will ask for permission to place these cookies.

The User's act of saving their preferences authorizes HMS CLUB SAS to use the selected cookies and extensions.

In accordance with the recommendations of the CNIL, the maximum retention period for cookies is six months after their initial deposit on the User's terminal, as well as the duration of the User's consent to the use of these cookies.

Since the lifespan of cookies is not extended with each visit, the User's consent will be sought on each of their visits.

The User can change their internet browser settings at any time to accept, configure, or, on the contrary, refuse cookies.

Several options are available to the User: accept all cookies, be notified when a cookie is saved, or systematically refuse all cookies.

Each internet browser offers different configuration methods for managing cookies:

- FireFox: [https://support/mozilla.org/fr/kb/enable-annd-disable-cookies-website-preferences](https://support/mozilla.org/fr/kb/enable-annd-disable-cookies-website-preferences)
- Chrome: [https://support.google.com/accounts/anwser/61416?hl=fr](https://support.google.com/accounts/anwser/61416?hl=fr)
- Safari: [https://www.apple.com/legal/privacy/fr-ww/](https://www.apple.com/legal/privacy/fr-ww/)
- Internet Explorer: [https://support.microsoft.com/fr-fr/windows/supprimer-et-g%C3%A9rer-les-cookies-168dab11-0753-043d-7c16-ede5947fc64d](https://support.microsoft.com/fr-fr/windows/supprimer-et-g%C3%A9rer-les-cookies-168dab11-0753-043d-7c16-ede5947fc64d)
- Opera: [http://www.opera.com/help/tutorials/security/cookies/](http://www.opera.com/help/tutorials/security/cookies/)

Please note that the Site may not work correctly if all cookies are disabled.

HMS CLUB SAS reserves the right to place other cookies in the future on the Site and informs the User of this.

These cookies may be of different types.

Depending on the nature of the cookies placed on the Site, HMS CLUB SAS will not fail to obtain the User's consent when necessary, in accordance with applicable legislation.

**Article 7: PERSONAL DATA**

Personal data refers to any information concerning an identified or identifiable natural person.

**7.1 Data collected**

Personal information collected via the Site is confidential and is primarily intended to be processed to respond to User inquiries and/or process their order, and improve the operation of the Site.

This processing is based on the legitimate interest of HMS CLUB SAS, particularly in the context of the execution of

pre-contractual or contractual measures, and to comply with applicable regulations and legislation.

The personal data that may be collected via the Site includes:

- First and last name
- Mailing address
- Email address
- Phone number
- Data collected through cookies, including IP address and unique device identifier of the User

When HMS CLUB SAS no longer needs to use the User's personal data, it is deleted from its systems and records or anonymized to no longer allow the User's identification, subject to retention for archive purposes, claims and litigation management, as well as to comply with legal and/or regulatory obligations incumbent upon HMS CLUB SAS, or to respond to requests from authorized authorities.

HMS CLUB SAS undertakes not to use personal data in a manner contrary to applicable data protection legislation.

**7.2 Storage period**

Personal data collected from any User will be deleted by HMS CLUB SAS after a period of three years of inactivity (except in cases of needs to comply with legal and regulatory obligations).

Exceptionally, personal data collected through cookies and trackers are kept for a maximum period of twenty-five months from their collection.

**7.3 Persons authorized to access personal data**

The personal data collected is intended for HMS CLUB SAS and, where applicable, its technical service providers.

HMS CLUB SAS undertakes that only duly authorized persons may access the personal data collected when necessary for the aforementioned purposes.

HMS CLUB SAS will not disclose the personal data collected to third parties for commercial purposes.

HMS CLUB SAS will only communicate this information if necessary, and if possible in a form that does not allow direct identification.

**7.4 Data confidentiality protection**

HMS CLUB SAS takes all necessary precautions to ensure the confidentiality and security of data collected via the Site and prevent it from being distorted, damaged, destroyed, or accessed by unauthorized third parties.

However, HMS CLUB SAS cannot be held responsible in the event of interception of such data by unauthorized third parties.

In accordance with Law No. 78-17 of January 6, 1978, as well as the measures for the protection and security of data required for residents of the European Union / European Economic Area under the General Data Protection Regulation (GDPR) 2016/679, the User has the following rights:

- Right to information: the User has the right to obtain clear, transparent, and understandable information about how HMS CLUB SAS uses their personal data and their rights. This information is detailed in this document;
- Right of access: the User has the right to access the personal data that HMS CLUB SAS holds about them;
- Right to rectification: the User has the right to have their personal data corrected if it is inaccurate or outdated and/or to have it completed if it is incomplete;
- Right to erasure / right to be forgotten: the User has the right to have their data erased or deleted. However, this right may be limited by a legal reason or HMS CLUB SAS's legitimate interest in retaining the User's personal data;
- Right to object: the User can refuse at any time that their personal data be used;
- Right to withdraw consent at any time for data processing based on consent: the User can withdraw their consent regarding the processing of their data when this processing is based on consent;
- Right to data portability: the User has the right to move, copy, or transfer data from the HMS CLUB SAS database to another. This right applies only to data that the User has provided and on condition that the processing is based on a contract or the User's consent and carried out using automated processes.

The User can exercise the rights described above by contacting HMS CLUB SAS as provided below.

The User also has the right to formulate specific or general directives regarding the storage, erasure, and communication of their data after death.

The User can contact HMS CLUB SAS if they wish to exercise their rights or if they have questions or complaints about the processing of their personal data:

HMS CLUB SAS

5 rue Fénélon 33000 Bordeaux.

Email: contact@monawatches.com

Tel: 06.10.39.35.11

The User can contact the CNIL at any time if they wish to file a complaint against the data protection practices of HMS CLUB SAS:

National Commission for Information Technology and Civil Liberties – CNIL

3 Place de Fontenoy

TSA 80715 – 75334 Paris, Cedex 07

Tel. +33 1 53 73 22 22

Fax +33 1 53 73 22 00

Website: [http://www.cnil.fr/](http://www.cnil.fr/)

However, it is recommended that the User contact HMS CLUB SAS first before filing a complaint with the CNIL, as HMS CLUB SAS is entirely at the User's disposal to resolve any disputes.

**Article 8: INTELLECTUAL PROPERTY**

Any reproduction, modification, transmission, exploitation, and/or diversion, by any means whatsoever, of all or part of the Site and/or its textual, software, visual, sound, or other content is strictly prohibited under penalty of prosecution, including criminal prosecution.

HMS CLUB SAS reserves the right to prosecute anyone who makes unauthorized use of the Site and its content (trademarks, patents, designs, models, software, graphic charter, infographics, logos, photographs, videos, scripts...) and/or generally uses or infringes upon its image without its authorization.

**Article 9: DISPUTES**

Any dispute relating to the application and/or interpretation of the Terms of Use will be subject to French law.

It must be the subject of an amicable settlement attempt as a priority.

In the absence of an amicable resolution, the dispute will be brought before the competent jurisdiction in accordance with the rules of common law.