Terms and Conditions of www.missmonaco.tm.mc Online Shop
1.2. The owner and operator of the Online Shop is Miss Monaco T.M (hereinafter Miss Monaco), whose address is 11 bis rue Princess Antoinette, Monaco 98000, Commercial Registry Number 11.28713, e-mail: firstname.lastname@example.org
1.3. All private persons with full legal capacity (at least 18 years of age) and legal entities can be the Clients.
1.4. By submitting an order the Client represents that all information provided by him/her is correct, he/she is a private person with full legal capacity, and where acting as a representative he/she has all the rights and powers to act on behalf of the Client. The accuracy of the Client’s and Client representative’s representations is assumed, and Miss Monaco is not required to verify these.
1.5. The Client is aware that all photos of the Products displayed in the Online Shop are illustrative and the appearance of the Products may slightly differ from that on the photo.
1.6. The price of the Products offered at the Online Shop is expressed in euros. All prices include VAT.
2. Order completion, payment and delivery
2.1. In order to purchase the Products from the Online Shop, the Client must select the Products and add them to the basket (hereinafter Shopping Cart).
2.2. The Client will choose delivery method of the Products. The delivery fee in accordance with the delivery method chosen by the Client is added to the price of the Products and is shown before submitting an order.
2.3. The Client’s Shopping Cart is created when he/she has clicked the “Add to the Cart”. Adding a Product to the Shopping Cart does not obligate the Client to buy at once.
2.4. The Client can change the quantity of Products in the Shopping Cart and remove them from the Shopping Cart if necessary.
2.5. Until confirmation of the order the Products in the Shopping Cart are also available to other clients.
2.6. Upon completion of the order the Client chooses the payment method. The Client can pay for the Products via PayPal or credit card.
2.7. To make a purchase, the Client clicks on the button “Submit an order”. After the purchase, a confirmation of the order will be sent automatically to the Client’s e-mail address.
2.8. In case of not having the Product ordered by the Client Miss Monaco will cancel the order. An order may be cancelled in part or in whole. The Client will be informed of a cancelled order immediately.
2.9. After the purchase, the Products are delivered to the address entered by the Client upon completion of the order.
2.10. Miss Monaco will deliver the Products to the Client during following indicative periods from confirmation of the order:
- European countries 1-2 weeks;
- USA and Canada 3-4 weeks;
- Australia and New Zealand 4 weeks
3. Cancellation of order, return of the Product
3.1. If the Client is a private person, he/she has the right to return the Product to Miss Monaco within 14 days of receipt of the Product.
3.2. If the Client wishes to return the Product, he/she must submit the corresponding request with his/her data and current account number to the e-mail address email@example.com.
3.3. In case of returning the Product, the Client shall send the Product to Miss Monaco immediately, but not later than within 15 days of making the corresponding request. Returnable Product must be unused and in original packaging.
3.4. Miss Monaco will transfer the money back to the Client’s account for the returned Product as soon as possible, but not later than within 15 days from the receipt of the returned Product. The cost of returning the Product is borne by the Client.
4. Nonconformity of the Product
4.1. Miss Monaco is liable for the nonconformity of the Product with the terms of sale sold to the Client, which existed at the time of the delivery to the Client within 2 years from the date of delivery of the Product.
4.2. In case of nonconformity with the terms of sale, the Client must submit a complaint to the e-mail address firstname.lastname@example.org. The claim must include the Client’s name, contact phone number, order number and exact description of the nonconformity of the Product. The Client has the right to submit the complaint no later than 1 month after the defect has occurred. Miss Monaco will review complaints and respond to the Client as soon as possible, but not later than within 15 days of receipt of the complaint.
4.3. In case of nonconformity or defective Product the Client has the right to first demand the free mending of the Product or replacement with a Product conforming to the terms of sale and without defects or to return the Product at Miss Monaco’s expense.
4.4. If it’s not possible to mend the Product and replacement of the Products fails within a reasonable time, the Client has the right to demand the reduction of the purchase price of the Product or the termination of the contract and the recovery of the sums paid for the Product.
4.5. Miss Monaco does not reimburse the costs incurred by the Client in the event of nonconformity or deficiencies in the Product and is not liable for them, if:
4.5.1. The Product has deteriorated/been damaged due to the fault of the Client;
4.5.2. Defects have been caused by the use for a non-intended purpose, incl. as a result of not following the care instructions;
4.5.3. The Product has changed due to normal wear of ordinary use;
4.5.4. There is no copy of the document certifying the purchase.
5. Principles of the Client’s personal data processing
5.1. The controller of the Client’s Personal Data is Miss Monaco T.M, address 11 bis rue Princess Antoinette, Monaco 98000, Commercial Registry Number 11.28713.
5.2. Miss Monaco processes the following Client’s personal information: name and surname, phone number, e-mail address, postal address and purchase history (hereinafter the Personal Data).
5.3. Miss Monaco processes the Client’s Personal Data for the purpose of executing purchase orders made by the Client and if necessary contacting the Client.
5.4. In addition, Miss Monaco processes the Client’s Personal Data for providing commercial notices and materials regarding the activity of Miss Monaco and the Products when requested so by the Client.
5.6. Miss Monaco will implement all measures, including information technology and organizational measures, for the protection of the Personal Data collected. Access to data editing and processing is restricted to authorized persons.
5.7. Miss Monaco is entitled to transfer the Client’s Personal Data to third parties involved in the execution of a purchase order (e.g. courier, postal service provider).
5.8. The Client has the right to know what Personal Data is contained in Miss Monaco’s database about him/her by submitting a corresponding inquiry to the e-mail address email@example.com. The Client has the right to change and correct his/her Personal Data at any time.
5.9. The Client is entitled, at any time, to withdraw his/her consent for processing of Personal Data, to request termination of the processing of Personal Data and deletion of the collected Personal Data. To do this the Client submits a corresponding application to the e-mail address firstname.lastname@example.org.
6. Copyrights and cookies
6.1. All information contained in the Online Shop, including the Online Shop design and software, is protected by copyright. All copyrights to the materials in the Online Shop are owned by Miss Monaco’s or transferred to Miss Monaco to the extent permitted for the use in the Online Shop.
6.2. The information contained in the Online Shop may only be used for non-commercial purposes, and the reproduction, distribution, or any other transfer of information contained therein to third parties without a prior written permission of Miss Monaco is prohibited.
6.3. Cookies are used in the Online Shop to provide better user experience. Cookies allow Miss Monaco’s web servers to recognize the Clients and customize the Online Shop’s content to fit the needs of the Client when the Client visits the Online Shop. Using cookies will make it easier to recognize the Client’s needs. They provide user statistics that can measure and improve the performance of the Online Shop.
6.4. The Client will be deemed to accept the cookies if cookies are enabled in the Client’s browser settings. If the Client does not accept cookies, then some of the features of the Online Shop may be limited.
7. Limitation of liability
7.1. Miss Monaco disclaims all warranties and conditions of any kind, whether expressed, implied or statutory, with regards to the Products, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
7.2. Miss Monaco shall not be responsible for the damage and other consequences that have arisen due to the following reasons:
7.2.1. Online Shop does not function or functions improperly in some web browsers;
7.2.2. Force majeure and other faults and disturbances not caused or affected by Miss Monaco which prevent the Client from using the Online Shop;
7.2.3. Errors, damages or settings in the Client’s device that are unsuited for the use of the Online Shop;
7.2.4. Delays, disruptions or failures in the use of the Online Shop due to maintenance or development works;
7.2.5. Disruptions and failures in third party systems that affect the functioning and availability of the Online Shop.
7.3. To the extent permitted by law, in no event shall either party be liable for any indirect, incidental, punitive, or consequential damages, or loss of profits, revenue, data or business opportunity. The aggregate liability of Miss Monaco will be limited to total amounts the Client has actually paid for the Products during the 12-month period preceding the event giving rise to a claim.
8. Other conditions
8.3. The Client and Miss Monaco will resolve disputes arising from the use of the Online Shop through negotiations. If the agreement is not reached, the dispute will be resolved through the competent court having jurisdiction over Miss Monaco’s headquarters location as the first-trial court.