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Company name:

APM MONACO

Legal form:

Monegasque public limited company (société anonyme)

Capital:

2,100,000 euros

Headquarters:

3 rue de l’Industrie, L’Hercule à Monaco (98000), Principality of Monaco

Activities:

Design, production and sale of jewellery worldwide under the brand name APM MONACO.

Register of Commerce and Industry:

Monaco

Tax identification number:

97S03369

 

Hereinafter referred to as "APM MONACO

 

General terms and conditions of sale of products sold on the website www.apm.mc

 

Last update: 24/11/2016

 

 

Article 1 - OBJECT

 

The present General Terms and Conditions of Sale (GTCS) are made between APM MONACO and any person purchasing a product (hereinafter referred to as the "Client") on the website www.apm.mc (hereinafter to referred to as the "Website"). 

 

All orders made by the Client via the Website are unreservedly subject to the present GTCS.

 

The present GTCS represent all of the reciprocal commitments made by APM MONACO and the Client who hereby explicitly accepts these terms.

 

 

Article 2 – PRODUCTS SOLD ON THE WEBSITE

 

The Client may select one or several products from among the various categories on offer on the Website.

 

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, without prejudice to the orders made by the Client.

 

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.

 

The Client acknowledges that the products on offer on the Website may differ from those offered in physical APM MONACO stores.

 

 

ARTICLE 3 - PRICES

 

The product offering and prices are valid for as long as they are visible on the Website.

 

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 the product sale price results from the conversion of the price shown on the Website into the currency of the product's 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’ final 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), unless otherwise stipulated and exclude delivery, processing and shipping charges.

 

The price in the currency shown on the Website at the time the order is confirmed will be accepted as is, unless there is a manifest error.

 

If your credit/debit card is not in the currency of your invoice, the final price is calculated in accordance with the exchange rate applicable the day the issuer of your card processes the transaction. 

 

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.

 

APM MONACO reserves the right to change its prices at any moment but undertakes to apply rates in place at the time the Client's order is confirmed, subject to the availability of the products at that date.

 

The products remain the property of APM MONACO until the Client has paid the price in full. Nevertheless, the risks of loss or damage to the products are transferred to the Client as from the date he/she receives the ordered products.

 

 

Article 4 - AVAILABILITY

 

The products are on offer for as long as they are visible on the Website and while stocks last.

 

When his/her order is being processed, the Client will be quickly informed by email if the ordered product is not available. The Client will not be invoiced for these products. The order will be automatically cancelled and no bank debit will be made.

 

 

Article 5 – ORDERS

 

Product availability and delivery times are shown on the Website.

 

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.

 

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.

 

To make any order the Client must create a customer account. Once this account has been created the Client can access his/her personal customer space. To login to this personal space the Client must identify him/herself by using the email address indicated when creating the account and his/her chosen personal secret password. APM MONACO will not be held liable for any action made on the customer account by a third party to whom the Client has provided his/her login details or who may have accessed the account due to the Client's negligence.

 

All information for a particular order may be found under the heading "Order Tracking" in the Client's personal space.

 

The Client undertakes to ensure that the information provided when making an order is complete, accurate and up to date. Otherwise, APM MONACO reserves the right to purely and simply cancel the order.

 

The order may be sent to a delivery address different to the billing address.

 

Orders are binding to a Client once the latter has confirmed payment by clicking on "Confirm".

 

After receiving an order, APM MONACO will send the Client confirmation of the order by email including a summary of the order, the order number and will then complete the confirmation of the order by sending an order confirmation email. These emails will be sent to the address provided when opening the customer account.

 

APM MONACO reserves the right to not register a payment and to not confirm an order for any legitimate reason, particularly in the event of a supply problem and difficulties regarding the order received. APM MONACO will inform the Client for the reasons for the non-confirmation of his/her order if so requested, in accordance with the terms of Article 11 below.

 

Likewise, APM MONACO reserves the right to refuse or cancel an order for any legitimate reason, and particularly if it esteems that the Client is acting as a distributor or pursuing an economic activity with the products ordered. APM MONACO will inform the Client of the reasons for the refusal or cancellation of his/her order if so requested, in accordance with the terms of Article 11 below.

 

Article 6 - RETURNS

 

If for any reason you are not completely satisfied with you purchase from APM MONACO, we offer a one-off return, or exchange. All the earrings cannot be exchanged or returned due to hygienic reasons.

 

The shipping fees and the related costs of the returned products shall be responsible by customers except for faulty items on arrival.

 

Please note that you have to notify us within 7 days from the date of order arrival for processing the exchange or return of the product(s). Client is invited to contact APM MONACO by email at the following address: customercare@apm.mc for further return procedures.

 

Returns that do not meet our policy will not be accepted and will be sent back to the customer.

 

APM MONACO reserves the final right of decision.

 

Article 7 – PAYMENT

 

Payment is made online when the order is placed. By confirming your order you are bound to pay the indicated price.

 

APM MONACO will redeem the payment just before sending the order to the order preparation department.

 

The Client's payment of the order takes effect at the time this order is confirmed; the card is debited at the time the order is confirmed.

 

 

 

Article 8 - DELIVERY

 

Products are delivered to the delivery address indicated when the order is made.

 

In the exceptional event the product is out of stock, the Client will be informed by email or telephone. APM MONACO will give the Client the choice to either postpone the delivery of his/her entire order until the date the given product becomes available, or to accept a partial delivery with a reimbursement of the purchase price of the undelivered product(s), or to cancel and be reimbursed for the entire order.

 

The periods indicated on the Website are calculated in working days. The delivery date includes the time for dispatching the order plus the carrier's delivery period.

 

APM MONACO is not responsible for any delays resulting from customs clearance procedures through to the place of destination.

 

The delivery period starts as from the departure of the package from APM MONACO's warehouses; it is therefore added to the order dispatch period. The Client will be informed by email as soon as his/her order has been dispatched.

 

In the event of a late dispatch of the order, the Client will be informed by email of any consequences this will have on the indicated delivery period and will be given the option to cancel his/her order.  

 

For orders delivered by a carrier, APM MONACO may not be held liable for a late delivery due solely to the unavailability of the Client after several proposals for appointment. 

 

The Client must verify the outward condition of the package and products upon delivery.

 

The Client must indicate, in writing on the delivery note or document attesting to the acceptance of the order, any anomalies noted. Such verification is deemed as completed once the delivery note has been signed.

 

 

Article 9 - Guarantee

 

In the event the sold product does not comply, it may be returned, exchanged or reimbursed.

 

In the event the Client receives a reference that does not comply with the order, he/she is invited to contact APM MONACO by email at the following address: customercare@apm.mc.

 

The guarantee period for latent defects is two years as from the reception of the goods.

 

Article 10 - CLAIMS

 

All claims and requests for exchange or reimbursement relating to the reception of the order (product received damaged, missing part, etc.) must be sent by email to the following address: customercare@apm.mc within thirty (30) days from the date of delivery.  

 

No claims can be acknowledged by APM MONACO after this period except for those related to the guarantees defined in Article 9 above.

 

The products must be returned in the state in which the Client received them with all of their elements (accessories, packaging, manual, etc.). The Client will be reimbursed for the postage fees based on the amount invoiced and for the cost of return upon presentation of all justifying documents. 

 

 

Article 11 - LIABILITY

 

APM MONACO may not be held liable and no claim for damages may be requested of APM MONACO for a late delivery or harmful consequences due to cases of force majeure as defined by French case law and French courts of law.

 

In addition, APM MONACO will not be held liable for any damages resulting from the misuse of the bought product. 

 

APM MONACO may not be held liable for any interruptions, delays or unavailability of the Website due to maintenance work, Internet disruptions, technical outages, a case of force majeure, acts of a third party or any circumstance whatsoever.

 

APM MONACO shall endeavour to ensure to the best of its ability, the accuracy and relevance of the information provided on the Website, the contents of which it reserves the right to modify at any time without warning.

 

The Website contains information provided by third parties; APM MONACO provides no guarantee as to the accuracy, precision or exhaustiveness of the information provided on the Website. Under no circumstances may APM MONACO be held liable for any occasional error that may occur on the Website.

 

 

Article 12 - INTELLECTUAL PROPERTY

 

The entire Website and all of its elements (in particular any image, photograph, including all image rights, sound, piece of music, video, audio file or text presented on the Website) are protected under intellectual property laws, in particular copyright, design law, trademarks, domain names, software and database patents, etc. (list not exhaustive).

 

As such, all rights of reproduction, representation and public disclosure are reserved, including those for downloadable documents and visual, photographic, audio-visual and other representations.

 

The reproduction or redistributing of the Website's contents is strictly forbidden and may give rise to civil or penal proceedings. Without restrictions to the above, it is explicitly forbidden to copy or use any of the aforementioned elements on any other server, place or medium for their publication, reproduction or disclosure.

 

Only Clients are given the right to consult the Website. The reproduction of all or any part of the contents is to be solely used for personal and private informative purposes.

 

Any link set up to the Website must have been given prior written consent by APM MONACO. APM MONACO accepts no responsibility for the contents of these links.

 

In any case, hyperlinks to the Website must be removed at APM MONACO's first request.

 

APM MONACO endeavours to guarantee the accuracy and comprehensive nature of the information presented on the Website. APM MONACO does not guarantee that the Website's contents are accurate and free from error. APM MONACO does not guarantee that the Website's functional elements or contents are free from error and that the Website, Website contents and server are free from any virus or any other malware. We always recommend our Internet users ensure they are equipped with the latest antivirus software.

 

 

Article 13 - PERSONAL DATA

 

APM MONACO reserves the right to collect identifying information and personal data from its clients required for APM MONACO and its service providers to handle the order and improve its services and the information APM MONACO sends its clients.

 

This information may be sent to companies that contribute to these relationships, such as those assigned with performing services and for the management, enforcement, processing and payment of orders.  

 

This information may also be used by APM MONACO and/or its partners to send out various information, particularly commercial (newsletters, email, etc.), conditional to the Client providing his/her prior consent.

 

The collected data may also be used for technical purposes and statistics as part of the Website administration (frequency of consultations, sales statistics, etc.).

 

This information is also stored for security purposes in order to meet legal and regulatory requirements.

 

The Client has a right of access to and rectification, removal of or opposition to all of his/her personal data.

 

The Client may also consult and modify this information under "Your Account" on the Website.

 

 

Article 14 - APPLICABLE LAW - DISPUTES

 

The present terms and conditions of sale are subject to Monegasque law. In the event of a dispute, Monegasque courts shall have sole jurisdiction.