Terms and conditions
1 - Purpose and acceptance of terms and conditions
The Opale Monaco site (hereinafter referred to as the "Site") is an e-commerce site accessible via the Internet at www.opalemonaco.com.
It is open to all users of the network who are at least eighteen (18) years and of full capacity to contract (hereinafter referred to as "Users"). If the user is a minor he acknowledges having received the consent of parental authority, which will have first agreed to the general conditions of sale before any order is placed. It is published by the company Monaco Luxury Cosmetics Trading (hereinafter referred to as the "Seller"), a limited liability company with a capital of 15,000 euros, whose registered office is located at BP 173 - 98014 Monaco Cedex, registered in the Commercial Register of Monaco under number 12 S05740.
Publication Director: Jean Pierre Dewerpe
VAT number: FR 02 00009654 4
It is hosted by the Monaco Limited Company Monaco Telecom S.A., capital of €1,687,640, whose registered office is at 25 boulevard de Suisse, BP 14 - 98000 Monaco.
RCI: 97 S 03277 - DSEE: 642 B 07 638.
The site allows Monaco Luxury Cosmetics Trading to offer the sale of cosmetic products to Internet users browsing through the Site (hereinafter "Users"). For the purposes hereof, it is agreed that the User and Monaco Luxury Cosmetics Trading will be collectively referred to as the "Parties" and individually as a "Party", and that a User who has validated an order will be referred to as a "Buyer". The rights and obligations of the User necessarily apply to the Buyer. Any order for a product offered on the Site implies the prior consultation and express acceptance of these terms of sale, but without that acceptance being conditional on a handwritten signature from the user. It is stated that Users may save or print the present general conditions of sale, provided that they do not change them. These general conditions of sale are valid from 1st August 2012.
Monaco Luxury Cosmetics Trading reserves the right to amend these General and Specific Terms of sale at any time without notice, provided that such changes will not apply to bookings and orders previously accepted and confirmed by the Buyer. These terms and conditions apply to the exclusion of any other document.
2 - Products marketed on www.opalemonaco.com
The User may, prior to his order, take note of the essential characteristics of the products they wish to order on the Site Opale Monaco.
Offers of sale, including promotional offers, are valid as long as they are posted on the Site.
The photographs and texts illustrating the products do not form part of the contract. If these photographs and / or texts are incorrect, the responsibility of Monaco Luxury Cosmetics Trading may not be engaged under this head.
The products offered for sale by Monaco Luxury Cosmetics Trading are those listed on the site, on the day of the consultation of the Site by the User and within the limits of available stocks.
In case of unavailability of any of the Products, the Buyer will be informed as soon as possible.
3 - Prices of products sold on the site
The prices shown on this Site are in Euros including all taxes and are subject to change during the year, provided that the products ordered are charged at the prices prevailing at the time of the order.
They do not include shipping charges, charged in addition to the price of products purchased, depending on the amount of the order. Shipping fees will be displayed before the registration of the order by the Buyer.
Prices include the value added tax (VAT) applicable on the date of the order and any change in the applicable rate will be reflected in the price of products sold by Monaco Luxury Cosmetics Trading through their Site.
Any order placed on the site and delivered outside France may be subject to taxes and customs duties which are levied when the package reaches its destination. These duties and taxes associated with the delivery of an item are payable by the User and under its responsibility. Monaco Luxury Cosmetics Trading is not required to check and inform the User of the applicable customs duties and taxes.
The prices indicated on the Site are guaranteed at the time of the order within the limits of available stocks unless there are significant changes in charges, especially VAT, and excepting obvious typographical errors or omissions.
Monaco Luxury Cosmetics Trading reserves the right, which the User agrees, to modify its prices at any time but the products will be charged based on the rates in effect at the time of registration of the order, subject however to the availability of such Products.
4 - Orders
Any order implies acceptance without limitation or qualification of these terms and conditions of sale.
The User agrees that the registration systems for orders of Monaco Luxury Cosmetics Trading provide evidence of the nature of the agreement and the date.
To order the products they have chosen, Users must identify themselves by entering the e-mail address and password they have previously chosen during the creation of the account, or, if this is their first order, adding the e-mail address and clicking "Create Account". In the latter case, the user must accurately complete the form provided, including where they will include the information necessary for their identification including full name and mailing address. In addition, users must provide their email address and a password of their choice that will be personal and confidential and which they will need to identify themselves later on the Site.
The User is informed and accepts that the entry of these two identifiers is proof of his identity and expresses his consent. Once the user is identified, he must confirm the delivery address, the general conditions of sale, delivery terms and mode of payment.
When the order is confirmed by clicking on the "Complete Order" button, the USER declares that he accepts it and these terms and also these conditions of sale. The order can be printed out. Upon registration of the order, a detailed receipt thereof will be sent to the Buyer at the email address that he has indicated.
This acknowledgment will specify the exact amount charged and the terms of delivery of the order and constitutes acceptance of the order and validates the transaction subject to payment for the order.
At any time, the user can:
-Obtain a summary of Products selected by clicking on the cart
-Continue choosing Products by clicking "Continue Shopping"
-Terminate or modify the selection of Products in the "shopping cart" and order these products by clicking on "Next".
Users may also cancel an order placed on the website by contacting customer service at the following address email@example.com. If the customer service informs you that the order has been processed, you will not be able to cancel it, you will then have to refuse the package on receipt of your order.
5 - Recommendations for importation
Monaco Luxury Cosmetics Trading company must warn its customers that it cannot be informed of the specific regulations of each country. As a result, foreign buyers must be particularly vigilant and should not proceed to order products which are prohibited for import into their territory. Monaco Luxury Cosmetics Trading cannot be held responsible for the seizure of goods by the competent authorities of the country concerned and the material and immaterial damage caused to the buyer.
6 - Trade Offer
To obtain a commercial offer that has been addressed to him, a user must enter and confirm his "special offer voucher" in the field provided for this on the cart page of the Site.
This will then appear on the Shopping Cart page.
Monaco Luxury Cosmetics Trading, however, reserves the right to suspend or cancel any order from a buyer with whom there is a dispute over payment of a previous order, or for any other legitimate reason including in particular the unusual nature of the order.
7 - Payments
All orders are payable in Euros.
To pay for the order, the Buyer has the following payment method: credit card.
Cards accepted on the site are: Visa, JCB International and American Express.
The Purchaser guarantees that Monaco Luxury Cosmetics Trading has the required permission to use the payment method he chose, when the order is registered.
Monaco Luxury Cosmetics Trading reserves the right to suspend or cancel any order and / or delivery, whatever its nature and level of execution in case of non-payment of any sum due by the Buyer or if there is an incident during payment.
Penalties in an amount equal to the legal interest rate plus five points are automatically applicable to amounts outstanding at the end of a period of ten days from the invoice date.
In the context of the fight against Internet fraud, information about your order may be sent to any competent authority for verification.
To ensure the security of the credit card payment, the Buyer shall then forward his credit card number, depending on the type of the latter, the expiration date thereof as well as the CVV (last 3 digits on the back of the card).
Payment will be made, unless the server is unavailable, immediately on the Internet, by a payment card issued in France or by a payment card issued abroad, or a Visa or JCB International or American Express credit card.
It is specified that by making immediate payment by credit card, the user will be switched automatically to the payment server of the secure payment platform (hereinafter referred to as "the bank"). The server of the bank is subject to security by SSL (Secure Socket Layer) to protect as effectively as possible all data related to payment, and at no time will the User’s bank data be sent outside the computer system of Opal Laboratories Monaco. Its responsibility is thus disengaged.
As soon as the payment is confirmed, the order is recorded and becomes irrevocable. The User becomes a Purchaser. The order form will be stored in the computer records of Opal Laboratories Monaco kept themselves on a reliable and durable, and shall be considered as proof of the contractual relationship between the Parties.
Pursuant to Article 11, the Purchaser has the right to cancel and to receive a refund for a period of seven (7) working days from the date of receipt of the Products by the Buyer.
An order confirmation will appear after the payment for the confirmed order. The Buyer will then be able to "follow his order" by clicking on "My Account" and identifying himself by his e-mail address and password.
Payment security on the site is provided by Sogenactif.
8 - Delivery of orders
The products will be delivered to the address specified by the Buyer on the order by DHL or Colissimo, depending on the shipping method chosen.
The delivery will be within an average of 3 to 5 days of receipt of the validation by the buyer of his order, according to the shipping method he chooses and no later than 30 days after validation of the order by the buyer.
9 - Delay / non-delivery
Colissimo and DHL services are very reliable. However, it may be, as in any expedition that there may be a delay in delivery or the product gets lost. In case of a delay in delivery (after shipment of the order, over 6 days for DHL or 11 days for Colissimo), the Buyer shall inform the customer service of Monaco Luxury Cosmetics Trading. This report may be made by email to firstname.lastname@example.org. Monaco Luxury Cosmetics Trading will transmit information to Colissimo or DHL to trigger an investigation. This investigation may take up to 21 days after opening. If the product is found during this period, it will be forwarded immediately to the home of the Buyer (in most cases). But if the product is not found at the end of the 21 days of investigation, Colissimo or DHL will consider the package as lost.
In this case, Monaco Luxury Cosmetics Trading will send you a replacement product, at its own expense. If the goods lost are not available at this time, Monaco Luxury Cosmetics Trading will reimburse you the amount of these products. Monaco Luxury Cosmetics Trading disclaims any responsibility for any longer delivery times due to the carrier, especially in case of loss of products or strike.
10 - Legal guarantee
The Buyer benefits from the provisions of the legal guarantee of conformity and the legal guarantee against hidden defects.
In case of lack of conformity of the product, in particular due to a fault or error on the references supplied, the Purchaser may elect to return the product to Monaco Luxury Cosmetics Trading and obtain a refund.
Return costs will be reimbursed by Monaco Luxury Cosmetics Trading at the request of the Buyer.
For any claim, the Purchaser may contact Monaco Luxury Cosmetics Trading at the following address: email@example.com.
11 - Right of withdrawal
The Purchaser shall have a period of 7 days from the date of receipt to return a product that has been ordered, at his own expense, in writing or on another durable medium available to him, for reimbursement.
Reimbursement of the price charged for the product(s) returned will be made on the credit card used for payment within thirty days of receipt of the returned item(s). Any product(s) returned incomplete, opened, broken, soiled or damaged by the customer will not be refunded.
12 - Defective Product
If, despite the care taken by Monaco Luxury Cosmetics Trading at the time of packing orders, any product is found to be defective, the Buyer shall have a period of seven (7) days from the date of delivery to return, at his own expense, the defective product for exchange or refund. So that the request is processed in a timely manner, any defect should be clearly described in the return form enclosed with the order. The package, accompanied by the return form, must be returned, postage paid, to the following address:
16 chemin de la glacière
Any claims made after seven days will be rejected and Monaco Luxury Cosmetics Trading will be released from any liability. If the above conditions are met, Monaco Luxury Cosmetics Trading will then exchange or refund any defective product(s) and the related postage on return of the Product(s) within thirty (30) days from the date of receipt of the package by Monaco Luxury Cosmetics Trading.
13 - Instructions for returning products
Whatever the reason for returning the products to Monaco Luxury Cosmetics Trading, it is recommended that the Buyer observe the following instructions to facilitate the processing of said return:
1. Use original packaging, in perfect condition, unopened, unused, complete and accompanied by the return form and a copy of the invoice.
2. Complete and attach the return form, which should be detached from the delivery note.
3. Send the package to the following address:
16 chemin de la glacière
Any risk associated with returning the product is the responsibility of the Buyer.
14 - Retention of title
Monaco Luxury Cosmetics Trading retains full ownership of the goods sold until full payment is received, in principal, fees and taxes.
15 - Responsibility
Monaco Luxury Cosmetics Trading cannot be held liable for breach of contract in case of out of stock, except in cases of price promotions not intended to exhaust surplus stocks, or in case of unavailability of the product due to a case of force majeure.
Monaco Luxury Cosmetics Trading disclaims all responsibility and will not be responsible for non-performance in whole or part of its obligations under this contract:
- due to any interruption of the site;
- due to any bugs in the system;
- due to any damage resulting from fraudulent intrusion by a third party leading to a modification of the information available on the site;
- and more generally, for any direct or indirect damage, whatever the cause, origin, nature or consequences, including without limitation loss of profits, goodwill, data or other intangible losses that may result from anyone accessing the Site or being unable to access it from reliance on any information coming directly or indirectly from it.
- due to disruption or total or partial strike of postal services and means of transport and / or communications, flood, fire, and generally, when an event beyond its control.
The Parties agree that they shall consult as soon as possible to determine all the modalities of execution of the order during the period of force majeure. Beyond a period of one (1) month of interruption due to force majeure, Monaco Luxury Cosmetics Trading will not be bound to honour the order, as long as they reimburse the Buyer as necessary within thirty (30) days.
16 - Partial invalidity
If one or more provisions of these terms and conditions are held to be invalid or declared as such under any law, regulation or following a final decision of a court of competent jurisdiction, the remaining provisions remain in full force and effect.
17 - Intellectual property
In accordance with the laws governing the ownership of literary and artistic rights or other similar rights, this site and all the elements, trademarks, designs, models, photographs, text, graphics, logos, sequences of images whether animated or not, with or without sound, graphics etc. located on this site as well as their compilation are the exclusive property of Monaco Luxury Cosmetics Trading, and this agreement does not grant any license or right other than to consult the site. Reproduction or use of all or part of these elements is only authorized for the purposes of information for personal and private use, any reproduction and any use of copies made for other purposes being expressly prohibited. Neither the Site (or any part), nor its content, nor the trade marks therein may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose whatsoever without the prior written permission of Monaco Luxury Cosmetics Trading.
Any other use constitutes infringement.
18 - Applicable Law
The sales of Monaco Luxury Cosmetics Trading are subject to Monegasque law. In case of dispute, an amicable solution will be sought before any legal action.
19 - Web tags
Some web pages of this website may contain "web tags", which can count the number of visitors to the page.
These web tags may be used with some of our partners, including to measure and improve the visibility of certain pages.
In any event, the information obtained through these tags is strictly anonymous and can simply gather statistics on visits to certain pages of the Site, the better to serve the users of our Site.
20 - Cookies
Cookies are information files saved in text format on the user's computer by the web browser at the request of the site visited. These allow you to save a connection profile (products ordered and preferences).
Therefore, the company Monaco Luxury Cosmetics Trading, via its website, may be required to install cookies on the computer of users to achieve monitoring of visits and transactions on it. The objective of the company is to better understand the use of its site to enable it to provide the best possible service to users.
It is important to note that cookies cannot be read and used by the company Monaco Luxury Cosmetics Trading, and do not allow it to identify the site's users. We point out to them that they can disable the recording of cookies or modify the acceptance parameters by configuring their browser Internet options.
21 - Privacy
The information gathered by Monaco Luxury Cosmetics Trading is subject to computer processing for the sending of a newsletter and/or the management of Purchasers’ orders.
This information allows the management of customer accounts.
The information that is requested is necessary for the creation of the account and the delivery of products, and to respond to questions posed by the user.
The recipients of data are Monaco Luxury Cosmetics Trading and its contractors.
The site is registered with the CCIN under No. 2012.03086
22 - Protection of personal data
It is stated that the information and data concerning the Client to carry out its orders and / or online payments are necessary to manage these online transactions and other aspects of the customer relationship. Accordance with Article 14 of Monaco Law No. 1165 of December 23, 1993, each individual client of Monaco Luxury Cosmetics Trading has, for all services available through this site, a right of access to their customer account and may request correction of their personal data. Such requests should be made to the Customer Service of Monaco Luxury Cosmetics Trading, online by sending an e-mail to firstname.lastname@example.org, or by registered mail with acknowledgment of receipt to the following address: Monaco Luxury Cosmetics Trading - BP 173 - 98014 Monaco Cedex. Please indicate the names, e-mail addresses, Customer reference and the object of the application (access to personal data, rectification, removal or opposition).
Unless otherwise agreed with the Customer Service manifested in Monaco Luxury Cosmetics Trading, the Customer is informed that he is likely to receive offers from the company Monaco Luxury Cosmetics Trading as well as from affiliated companies and brands or its partners and distributors. If the Customer does not wish to receive such information, he may at any time inform the Customer Service of Monaco Luxury Cosmetics Trading as above, or online by sending an email to email@example.com or by sending a letter by registered mail with acknowledgment of receipt to the following address: Monaco Luxury Cosmetics Trading - BP 173 - 98014 Monaco Cedex.
Notwithstanding the foregoing, the Customer is fully aware that the information provided online may be disclosed to third parties: (i) for the processing of payment authorizations sent and received from banks and their potential suppliers responsible for ensuring this control, so they can fulfil their functions (taking into account payments, verifying the absence of opposition to the card or procedure relating to public safety-related means of payment), (ii) the fight against fraud. In the latter case, personal information may be disclosed to the court or to all companies and organizations involved in the fight against credit card fraud.
It is also specified that the Client is solely and fully responsible for the information concerning his identifiers, means of payment and the designation of the user's payment card, so that the responsibility of Monaco Luxury Cosmetics Trading will never be sought in this respect.