Conditions générales de vente
APM MONACO S.A.M.
Monegasque public limited company (société anonyme)
3 rue de l’Industrie, L’Hercule à Monaco (98000), Principality of Monaco
Design, production and sale of jewellery worldwide under the brand name APM MONACO.
Register of Commerce and Industry:
Tax identification number:
Hereinafter referred to as "APM MONACO"
General terms and conditions of sale of products sold on the website www.apm.mc
Last update: 2022 May. 23
ARTICLE 1 - OBJECT
The present General Terms and Conditions of Sale (GTCS) are made between APM MONACO and any person access to (hereinafter referred to as the "Client") the website www.apm.mc , any of its sub-domains and any other websites operated by APM Monaco or on behalf of APM Monaco and any mobile device application or desktop application developed by APM Monaco or on behalf of APM Monaco (hereinafter to referred to as the "Website").
All orders made by the Client via the Website are unreservedly subject to the present GTCS.
Sales conducted through APM Monaco retail boutiques and/or authorized retailers are not subject to GTCS.
ARTICLE 2 – PRICES
Whilst we try and ensure that all details, descriptions and prices that appear on the Website are accurate, there may be cases where errors occur. If we discover an error in the price of any products that you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, your order will be treated as cancelled. If you cancel and you have already paid for the products, you will receive a full refund as soon as possible.
The Client acknowledges and hereby accepts that the product sale price depends on the country of delivery, which conditions the currency in which the price will be shown.
In the event that the Client's country of delivery has not been referenced by APM MONACO on the day the order is made, the Client acknowledges and hereby accepts that all prices shown on the product pages of the Website are in Euro, and the product sale price results from the conversion of the price shown on the Website into the currency of country of delivery using the applicable exchange rate at the time the order is confirmed.
If the payment card used by the Client applies a currency different to the one indicated on the invoice, the products’ sale price will result from the conversion of the price indicated on the invoice into the currency applicable to the Client's payment card using the applicable exchange rate at the time the payment card issuer processes the transaction.
Prices indicated all include tax (TVA and other taxes applicable on the day of the order).
Depending on your delivery address, different taxation rules and additional charges may apply. You may need to pay import duties upon receipt of the products. If they are not included, we don’t have any control over these charges and we cannot advise on their amount. You will be responsible for payment of any such import duties and taxes that are not included. Please contact your local customs office for further information and a “landed cost estimate” before placing your order.
Product prices shown on the Website are to be understood as excluding delivery fees unless otherwise stipulated. Delivery fees are calculated according to the Client's country of delivery and are detailed on the summary page of Your order.
ARTICLE 3 – CLIENT ACCOUNT; GUEST CHECKOUT
To order products Client must be legally capable, over 18 years of age and possess a valid credit or debit card (please see details of acceptable payment methods). By placing an order, Client are promising that all details Client provide are true and accurate, that Client are over 18 years of age, that Client are an authorized user of the credit or debit card used to place Your order and that there are sufficient funds in the account to cover the cost of Your order.
To make any order, the Client may either register and create an online account, or place an order as a guest without creating an online account.
In order to create this account, the Client will be required to provide valid and up-to-date personal information, such as legal name, phone number and e-mail address, and to confirm that the Client has reached the age of majority. The Client is responsible for ensuring that the password and account login are kept secret, safe and secure at all times. APM Monaco will not be held responsible or liable for any misuse of the account in connection with, and/or resulting from, a third party’s access to and use of the password and account login.
For purchases with delivery in France, you have the right to register on a national list to oppose any phone solicitation (“Bloctel”), practice that APM MONACO does not use in Europe. You may have a similar right to depending on your country of residence.
If Client checkout as a guest, when placing an order the Client will be required to provide other personal information as applicable, such as shipping address, billing address and payment details. Additional information may be collected by APM Monaco or its third-party providers at this time for security and anti-fraud purposes. The Client represents and warrants that the personal information provided is true, valid, complete and up-to-date in all respects, and confirm that the Client is the person referred to in the shipping and billing information provided.
Article 4 – ORDERS
By completing the checkout process and placing an order by clicking the "Pay Now" button on the checkout page, Client are offering to purchase the products from APM Monaco. Any order made on the Website presumes the explicit acceptance of the present GTCS, without this acceptance being conditional to the Client signing this in writing.
Such offering to purchase is binding to a Client once the latter has confirmed payment by clicking on "Pay Now".
The Website allows Client to check order and correct any errors before completing a purchase. Please take the time to read and check Your order at each page of the order process as Client are responsible for ensuring that the information Client provide is complete, accurate and up to date.
After receiving an order, APM MONACO will send the Client confirmation receipt of the order by email including a summary of the order, the order number. This email is only an acknowledgement for information purpose, and it does not constitute acceptance of Client order by APM Monaco. APM Monaco will accept the Order by shipping and the invoice after.
All orders are subject to availability and confirmation of the order price. APM MONACO reserves the right to not register a payment and to not confirm an order. APM MONACO will inform the Client for the reasons for the non-confirmation of his/her order if so requested.
Notwithstanding anything to the contrary provided for herein, APM Monaco reserves the right to refuse, cancel and terminate orders at any moment in time, subject to legitimate reasons under applicable law. For example, APM Monaco may refuse, terminate, or cancel order if there is an ongoing dispute concerning payment of a prior order or if APM Monaco suspects, in its sole discretion, that Client have engaged in fraudulent or grey market activities or have otherwise violated GTCS.
When Client visit the Website and/or submit an order, Client are communicating electronically and Client agree that all agreements, notices, disclosures and other communications that we send to Client electronically (whether on our behalf or on behalf of the Partners) satisfy any legal requirement. Client understand that Client are responsible for all electronic communications and content sent from the Client’s computer to us.
The Client hereby declares that he/she is fully aware of all of the information provided and the recorded confirmation consists of proof of the transaction. The order confirmation is deemed to be a signature and acceptation of the transactions carried out.
All information for a particular order may be found under the heading "Order Tracking" in the Client's personal space, except for order check out as a Guest.
Risk in the product will remain with us until it is delivered to Client at the address specified when Client placed order.
ARTICLE 5 - DELIVERY
Details of the countries we deliver to can be found on FAQ under Shipping & Delivery section. There are restrictions on some products for certain international destinations, so please review the information on that page carefully before placing an order.
Your order may be subject to import duties and taxes which are applied when the package reaches that destination. Client must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable or responsible if Client breach any such laws.
Please see our Shipping Policy for information on Delivery
The order may be sent to a delivery address different to the billing address.
APM Monaco will use reasonable endeavours to ensure that delivery is made within the estimated delivery time (usually 7 days and 30 days for customized products) from the dates of dispatch and, in any case, within (30) days after that date, unless your purchase if for product which will require additional delivery time, for example in the case of customized products.
Delivery times may vary depending on the availability of the products and the Client’s delivery address. The product(s) may be delivered to Client in multiple deliveries and at different times. There may be circumstances where delivery is delayed because of events beyond our reasonable control. If this happens, we will try and arrange for products to be delivered as soon as possible, but we will not be liable to Client for any losses caused as a result of such delay.
In certain circumstances, out of our responsibility and control, our delivery partner may leave the Client’s package outside or provide Client with optional services when delivering Your order, such as: (a) signature release: opting out of the requirement to provide a signature on delivery; (b) leave with neighbor, reception or security: re-directing the delivery to a neighbor, reception or security; (c) reschedule a new delivery date: selecting a delivery date that best suits Client; (d) re-directing to a collection point: collecting Your package from a collection point nearby. If our delivery partner leaves Your package outside, or if Client select any of the optional services (including through any default preferences Client may have selected with our delivery partner separately) Client acknowledge and agree that APM Monaco shall bear no responsibility or liability for any loss or damage that may result from delivering Your order in that way.
ARTICLE 7 - PRODUCTS DESCRIPTION
Prior to making an order, the Client may find a description of the core features of the product or products he/she wishes to order on the Website.
We attempt to be as accurate as possible in the description of the products displayed on the Website. However, we cannot guarantee that all details are always accurate, complete or error free. The content on the Website is provided for general information only. Please contact our Dedicated Advisors through live chat if you would like more information about a product. The images of the products on the Website are for illustrative purposes only, and although considerable effort has been made to ensure that the visual representations of APM Monaco products displayed on the platforms are representative of the colour, design and style etc. of the original products, slight variations, distortions and/or differences may be apparent when compared to the original product.
The Client acknowledges that the contents of the Website may change and APM MONACO reserves the right to modify the assortment of products offered on the Website at any moment. The Client acknowledges that the products on offer on the Website may differ from those offered in physical APM MONACO stores. Features available may vary for different countries and regions.
If nevertheless you receive a product that seems to be damaged, you may return it to APM Monaco in accordance with the return policy. Upon receipt, APM Monaco may classify the returned product as a defective product. Please note that items that are damaged as a result of wear and tear are not considered to be defective.
Article 8 - GUARANTEE
APM Monaco commits to applicable legal guarantee provided by articles 1444 and following of the Monegasque civil code such as the legal guarantee of conformity and the legal guarantee against hidden defects.
We remind you of the following legal provisions:
Article 1483 of the Monegasque civil code and article 1641 of French civil code (free translation) : “The seller shall be liable for any hidden defects in the goods sold which render them unfit for the purpose for which they were intended, or which reduce that purpose to such an extent that the buyer would not have purchased them or would only have paid a lower price for them if he had known of them.”
Article 1490 of the Monegasque civil code (free translation): “(…) the action resulting from redhibitory defects must be brought by the purchaser within six months of the discovery of the defect.”
For purchases with delivery in France only:
You have a legal guarantee of conformity (articles L. 217-3 and following of French Code de la consommation) :
- you have a period of 24 months from the delivery of the products to use that guarantee ;
- you can choose between repairing or replacing the products, subject to conditions set out in Article L. 217-12 al. 2 of the French Code de la consommation
- you are exempt from proving the existence of the lack of conformity of the goods during this 24 months period.
The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.
Article 1648 al. 1 of French civil code : “The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.”
You may decide to implement the guarantee against hidden defects. In this case, you may choose between cancelling the sale or reducing the sale price in accordance with Article 1648 of the French Civil Code.
You may have similar rights depending on your country of residence.
ARTICLE 9 - RETURNS AND CANCELLATION
Please see our Return Policy for information on returns.
Cancelling under the Consumer Contracts Regulations
Depending on where Client live, Client have a legal right to cancel the order under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations ("CCRs") or equivalent consumer legislation. This means that, during a certain cancellation period, if Client change mind or for any other reason Client decide not to keep the purchased products, Client can notify us of the decision to cancel the order.
Once the products are returned to us Client will receive a full refund, including the original delivery costs; however, Client will be liable to arrange and cover the full cost of returning the order to us.
To cancel an Order, Client must clearly inform us, preferably:
- By email [firstname.lastname@example.org] or by Livechat, giving us Your name, address and order reference
If Client cancel an order (or part of an order) during the CCRs cancellation period, Client must return the product(s) within 2 days after the day on which Client notify us of the cancellation, and ensure the item(s) comply with the conditions of our Returns Policy.
Client may cancel an order without having to justify hid decision or pay any penalties, during:
- 7 days from the confirmation of the Order if he/she is domiciled in Monaco;
- 14 days from the confirmation of the Order if he/she is domicilied in France;
When the right of withdrawal is exercised, APM Monaco is obliged to reimburse the sums paid within :
- 30 days if Client is domiciled in Monaco ;
- 14 days if Client is domiciled in France.
No right of withdrawal can be exercised by a Client domiciled in France when the products are customized.
You may have similar rights depending on your country of residence. If you reside in the European Union, your right of withdrawal is at least as extensive as for Clients domiciled in France as detail above.
ARTICLE 10 – EVENT OUT OF CONTROL
An event outside of our control means any act or event beyond our reasonable control such as act(s) of God, wars, terrorist attacks, embargos, riots, strikes, lock-outs, trade disputes, fires, floods, earthquakes or other natural disasters, break-down, inclement weather, interruption of transport, Government action or failure of public or private telecommunications or transport networks.
If such an event takes place and it affects the performance of our obligations to Client: (i) we will contact Client as soon as reasonably possible to notify Client; and (ii) our obligations to Client will be suspended for the duration of the event. Where the event affects delivery of products to Client, we will contact Client to arrange a new delivery date after the event is over.
Please note that we only provide the Website for private use and, as such, we have no liability to Client for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Complaints - We operate a complaint handling procedure which we will use to try to resolve disputes when they first arise, please let us know if Client have any complaints or comments. Please see our Contact Us page for details of how to get in touch with us.
ARTICLE 11 - INTELLECTUAL PROPERTY, SOFTWARE AND CONTENT
We are the owner or the licensee of all intellectual property rights in the Website and its content (such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software including the presentation and compilation of the same) ("Content"). The rights in the Website and the Content are protected by international copyright laws as well as by any relevant national law concerning copyright, authors' rights and database right laws. All such rights are reserved.
Client must not systematically extract and/or re-utilise parts of the Website or the Content. In particular, Client must not use any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation any substantial parts of the Website. Client must not create and/or publish Your own database that features substantial parts of the Website (e.g. our prices and product listings) without our prior written consent.
We are happy for Client to link to the Website but Client must do so in a way that is fair and legal and does not damage our reputation or take advantage of it (such as by using a link to suggest any form of association or endorsement by us). We reserve the right to withdraw linking permission at any time and, if we instruct Client to remove a link to the Website, Client must do so without delay.
Where the Website contains links to other websites and resources provided by third parties, these links are provided for Your information only. We have no control over the contents of those websites or resources and such links should not be interpreted as an endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from Your use of them.
ARTICLE 12 – MISCELLANEOUS
If any provision of the GTCS should be declared null and void or unenforceable by a court of law, its other provisions shall remain in full force and effect unless its unenforceability significantly affects the economic balance of the GTCS. There shall be no solidarity between the Client and APM Monaco towards any third party.
ARTICLE 13 – LIABILITY LIMITATION
APM Monaco shall not be held liable for facts directly or indirectly related to the use of the products that does not comply with the recommendations for use that APM Monaco has previously sent to the Client, and in particular those appearing in any instructions for use sent to the Client.
Nothing in the GTCS shall limit or exclude our liability for any liability which cannot be limited or excluded by applicable law.
Subject to the preceding sentence, in no event shall our total liability to you under the GTCS in respect of any order, exceed the total price of the product(s) effectively paid by the Client.
This clause is a decisive element of APM Monaco's commitment, without which it would not have committed itself under the same financial conditions. It is justified by the nature of the parties' mutual obligations and cannot be called into question by the cancellation or termination of the contract.
ARTICLE 14 – USE OF WEBSITE
This section sets out the rules that apply to Your use of the Website (whether or not Client use it to order products or just to browse). By using the Website, Client agree to these rules. If Client do not agree to these rules, Client are not permitted to use the Website and Client should leave it immediately.
We reserve the right to withdraw or amend the Website without notice and, from time to time, we may restrict access to all or parts of the Website. We will not be liable to Client if, for any reason, the Website is unavailable at any time or for any period.
We may update or change the Website or its contents at any time
We work to ensure that the information made available through the Website is accurate and up to date. However, we make no representations, warranties or guarantees, whether express or implied, that the Website, or any content on it, is accurate, complete, up-to-date or will be free from errors or omissions. To the fullest extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website, or any content on it, whether express or implied.
We will not be liable to Client or any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with: (i) use of, or inability to use, the Website; or (ii) use of or reliance on any content displayed on the Website.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect Your computer equipment, computer programs, data or other proprietary material due to Your use of the Website or to Your downloading of any content on it, or on any website linked to it.
ARTICLE 15 – CONSUMER MEDIATION
If you are a consumer residing within the European Union, you have the right to submit a complaint to an Alternative Dispute Resolution (ADR) institution. For a list of ADR institutions in your country, you can consult the European Commission's Online Dispute Resolution platform at http://ec.europa.eu/consumers/odr.
ARTICLE 16 – GOVERNING LAW AND JURIDICTION
If APM has posted or provided a translation of the English language version of the GTCS, Client agree that the translation is provided for convenience only and that the English language version will govern the access to the Website and use of the Website. APM Monaco and the Client without prejudice to Article 1, paragraph 3 of the GTCS.
APM Monaco may amend this GTCS at any time by posting the amended and restated Agreement on the Website. The amended and restated GTCS shall be effective immediately upon posting. Posting by APM Monaco of the amended and restated GTCS and continued access to or use of the Website shall be deemed to be acceptance of the amended terms.
Anything related to Your order, use of the Websites or these Terms and Conditions are governed by the law of Monaco. Where the laws of Monaco, are different to the mandatory consumer laws in your own country, we will afford you with similar protection unless you misinform APM Monaco about your country of residence.
The courts of Monaco shall have the exclusive jurisdiction over any dispute or claim relating to the GTCS, its validity, its interpretation, its execution, its cancellation, its consequences, even in the event of multiple defendants or a warranty call. The Client waives all jurisdictional privileges.