GTC

Moni Paris general conditions of sale

These general conditions of sale are concluded between on the one hand: “Moni Paris”, with head office: 5, rue Beaurepaire 75010 Paris, e-mail: contact@moni-paris.com , registered on number: 9532299110001; Hereinafter referred to as “Moni Paris”, “The company” And, on the other hand: Any natural person wishing to place an order on the site www.moni-paris.com. The natural person must be at least 18 (eighteen) years old and must have the legal capacity or hold parental authorization allowing them to engage in these General Conditions of Use and Sale, herein -hereinafter referred to as the “Client”,

These conditions govern the sale of any item presented on the site www.moni-paris.com; The site is hosted by: OVH SAS, subsidiary of the company OVH Groupe SA, company registered with the RCS of Lille under number 537 407 926 located at 2, rue Kellermann, 59100 Roubaix.

Definitions:

• Buyer: means any non-commercial natural person having the capacity to enter into a contract and wishing to purchase one or more items.
• General Conditions of Use and Sale: refers to the present
• Identifier: means the email address necessary to identify the registered customer to access their account.
• Password: designates the succession of characters which the registered customer must keep secret allowing him with his identifier to access his account.
• Paypal and Shopify Payments: refers to the secure payment system offered by the company

1. Contract

Both parties agree that their relations will be exclusively governed by this contract, to the exclusion of any other conditions. Any acquisition duly confirmed on the site implies full and unreserved acceptance by the customer of these general conditions of sale. These will prevail over all other general or specific customer conditions. These conditions aim to define the reciprocal obligations of both parties as well as the different stages of the ordering process for the online store www.moni-paris.com.

2. Products for sale

Moni Paris sells and offers jewelry (hereinafter product(s)) put on sale on the online site www.moni-paris.com which appear on the site at the time of consultation by the customer, until the stock exhausted. Consequently, Moni Paris does not under any circumstances guarantee that items will remain on sale for a given period. Any customer complaint regarding the order or delivery of an unavailable item will be considered void and unfounded. In the event of unavailability of one of the products, Moni Paris will inform the customer by electronic means provided in advance. Each product is photographed and described as accurately as possible, including price, sizes and detailed techniques. However, the information, characteristics and photographs presented on www.moni-paris.com or in emails sent by the company are given for informational purposes only and therefore have no contractual value. In the event of an error in this presentation, Moni Paris cannot be held responsible under any circumstances. In particular, the perception of colors and shapes. However, Moni Paris undertakes to describe the products offered for sale on the site as faithfully as possible. Given the artisanal manufacturing of Moni Paris jewelry, the shades of the cultured pearls, stones and/or gemstones may vary very slightly from the description of the products posted online.

3. Products and guarantees

The Products offered on the online storewww.moni-paris.com are those described at the time of consultation. Moni Paris strives to provide as much information as possible on its products with a detailed technical description. The Customer acknowledges and accepts that the details indicated on the product sheets of the Products may vary significantly given the nature of the Products. Weights shown are averages. The images and colors of the products offered for sale on the Site may not correspond to the actual colors due to the effect of the internet browser and the screen used. Moni Paris does not cover damage to Products caused by an accident, misuse and abusive use, modification, attempted repair, negligence following purchase, normal wear and tear.

4. Order

The customer interested in a product on the site www.moni-paris.com follows the following process in order to place their order. After clicking on the ¨Add to cart¨ icon and after checking the specifics of your order: price, quantity etc. The customer validates the choice of the selected item(s).

• The customer adds the product(s) he wishes to order to his basket, specifying the quantity;
• The customer indicates his personal data;
• The customer chooses their delivery method;
• It is up to the customer to check the total price of their order taking into account the price of the Product(s), delivery costs;
• The customer reads the summary of his order which is proposed to him and, if necessary, makes the modifications he wishes;
• The customer accepts the General Terms and Conditions;
• The customer determines his payment method and pays for his order;
• The customer makes the payment;

Before validation of the order, the customer, if desired, will have the opportunity to create an account. If the customer already has an account, the latter must indicate their Username and Password to access it. If the customer does not wish to create an account, the latter must provide certain information (email address, delivery address, first and last name) in order to allow the company to satisfy its obligations (confirmation email, delivery, etc.), being specified that this information will not be retained by the company. Validation of the Order constitutes confirmation of the customer's acceptance of the General Conditions of Use and Sale, the products purchased, their price as well as the associated costs. At the end of these steps Moni Paris will send the customer an email confirming the registration of their order. The company will carry out necessary verifications and reserves the right to refuse, cancel and terminate orders at any time for legitimate and legal reasons. Moni Paris may refuse, terminate or cancel an order in the event of a dispute in progress concerning the payment of a previous order or for suspicion of a violation of the General Conditions of Sale or any proven attempt at fraud.

• Moni Paris confirms the availability of the Product(s) ordered
• In the event of unavailability, the customer will be informed by email of the cancellation of their order.

It is up to the customer to ensure the accuracy of the information provided, for which he is solely responsible. The contract is deemed concluded upon receipt by Moni Paris of your order confirmation received by email, and after verification by the latter of the accuracy of the data relating to your order. After validation of your order, a receipt notice will be sent to you by email, containing a summary of the order information (essential characteristics of the product, price, means of payment, right of withdrawal, delivery times and costs). At no time are the amounts paid considered as deposits or deposits; payment of the entire price must be made when ordering.

5. Delivery:

The products ordered are sent to the delivery address indicated by the customer when ordering, provided that this is included in the authorized delivery areas, specified in the sales offer. In the event of an error or omission by the customer in communicating the delivery address, the company cannot be held responsible for the impossibility of delivering the ordered products. The products offered for sale on the site www.moni-paris.com can be ordered in France.

• Price of items and delivery:

• Prices are presented in euros.

Colissimo, DHL and UPS delivery depending on the delivery areas. Delivery times are indicative as communicated by the carriers.

• Order preparation and shipping time:

Orders placed on the site www.moni-paris.com, for practical and ecological reasons, are now shipped every two days. Dispatch days are Monday, Wednesday and Friday (except in cases of force majeure). There is no order preparation and shipping on Saturdays, Sundays and public holidays. If the product must be manufactured, the jewelry will be produced within 1 to 5 working days depending on its complexity. If the product is pre-ordered, the jewelry will be delivered within 4 to 6 weeks. The indicative delivery times are as follows:

• Metropolitan France: 3 to 5 working days.
• Europe: 7 to 10 days.
• Greater than 10 days for collections and special requests

In order for these deadlines to be respected, the Customer must ensure that they have communicated accurate and complete information concerning the delivery address (such as, in particular: street number, building number, staircase number, code of access, names and/or intercom numbers, etc.). Moni Paris strives to respect these deadlines, but cannot be held responsible for delays linked to carriers or circumstances beyond its control.

5.1. Receipt of products:

5.1.1. Non-receipt of product(s)

When the package cannot be delivered, particularly in the absence of the Customer or the recipient of the order, the Customer or the recipient of the order generally receives a delivery notice, allowing them to collect the package from the indicated post office. in the delivery notice, for a period of 10 to 21 days. In the event that the package is not collected within these deadlines, the package will be returned to Moni Paris, and the Customer will be reimbursed, using the same means of payment as for the purchase, unless expressly agreed by the customer for another means of payment. refund of the amount of your order, delivery costs deducted.

5.1.2. Damaged package

The Customer is required to check the general condition of the package and to refuse it if it is damaged. If the delivery person is present: Refuse delivery and immediately issue all reservations concerning the anomaly detected in a clear and detailed manner.

The Customer must indicate on the delivery note in the form of "handwritten reservations", accompanied by the Customer's signature.
The Customer must at the same time confirm this anomaly by sending to the carrier within three working days following the delivery date a registered letter with acknowledgment of receipt setting out the complaints.
The Client must, within three days, send the refusal to Moni Pairs by email to the following address: contact@moni-paris.com a copy of this letter.

If the delivery person is not present: The customer is asked not to open the package, because opening the package excludes any recourse against Moni Paris. He must then return the unopened package to the Post Office within two working days of delivery and establish a “spoliation report” with the Post Office. Report the refusal to Moni Paris, within 3 days, send the report by email to the following address: contact@moni-paris.com .

Any item damaged during transport cannot be exchanged if no reservation has been notified upon receipt of the package.
After this period and failing to have complied with this formality, the products will be deemed free from any apparent defect and no complaint can be validly accepted by Moni Paris.

5.1.3. Anomaly or non-compliance of the product

Thus, the customer is required to check the condition of the products delivered upon receipt. In the event of an anomaly or non-compliance, the customer must inform Moni Paris at contact@moni-paris.com within 48 hours of receipt. The customer will send a digital photo of the defective item accompanied by the references of their order and the item to be replaced to Moni Paris. The product must be returned by the Customer, in its original packaging and in its original, new condition, within 14 days of sending the complaint email. Moni Paris undertakes to replace the product at its expense and cover delivery costs subject to available stocks within 15 days of receipt of the defective product. Subject to the stipulations concerning the right of withdrawal (Article 4.9), any complaint sent more than 3 days after receipt of the Products will be rejected and Moni Paris cannot under any circumstances be held liable in this respect. The Customer may be required, at the request of Moni Paris, to return the non-compliant or damaged Product, free of charge or by post. Moni Paris reserves the right to refuse to serve a subsequent order in the event of abnormal or abusive returns from the Customer. Moni Paris does not reimburse delivery costs to the Customer in the event of loss of the package, return request, or other exceptional event.

6. Exchanges and refunds

The Customer cannot make an exchange on the Site for his order purchased online. The Customer must return their order purchased online by contacting customer service to receive their refund and make a new purchase.

7. Right of withdrawal:

Moni Paris does not carry out any exchanges. The customer benefits from a right of withdrawal within the framework of the purchase of the Products, In accordance with art. L 221-18 of the Consumer Code reproduced below:

The consumer has a period of fourteen days to exercise his right of withdrawal from a contract concluded remotely, following telephone canvassing or off-premises, without having to give reasons for his decision or to bear other costs than those provided for in articles L. 221-23 to L. 221-25.

The period mentioned in the first paragraph runs from the day:

1° The conclusion of the contract, for service provision contracts and those mentioned in article L. 221-4;

2° Receipt of the goods by the consumer or a third party, other than the carrier, designated by him, for contracts for the sale of goods. For contracts concluded off-premises, the consumer may exercise his right of withdrawal from the conclusion of the contract.

In the case of an order for several goods delivered separately or in the case of an order for a good made up of lots or multiple pieces whose delivery is spread over a defined period, the period runs from receipt of the last good or batch or the last piece.

For contracts providing for the regular delivery of goods during a defined period, the period runs from receipt of the first good.

Any customer, considered a consumer within the meaning of the Consumer Code (stipulated in the paragraph above), benefits from a withdrawal period of fourteen days from delivery of the order to return the product without penalty.

The customer must notify by email contact@moni-paris.com. Moni Paris of its intention to retract, with the following form:

I hereby notify you of my withdrawal from the contract relating to the service/product mentioned below:

Ordered on:

Order number :

Client name :

Customer address:

Client's signature :

Date :

If the Customer uses this right, the product must be returned to the Company within 14 days, the period starting to run the day after receipt of the product by the Customer.

After this period of 14 days, the sale is firm and final.

The product(s) should be returned in their original condition and packaging, accompanied by all accessories and instructions, new, unworn and not scratched or damaged. The Product(s) must be able to be sold again on the Site as a new Product(s). Each returned product will be subjected by Moni Paris to a quality control to ensure the conformity of the returned product. If the returned Product complies with the quality control, Moni Paris will provide a refund. Moni Paris will only reimburse the sale price. Delivery costs are not reimbursed by the Site. Upon receipt of the product, the Company undertakes to reimburse the amount paid by the Customer within a reasonable time.

Products excluded from the right of withdrawal

However, the Customer is informed that the right of withdrawal does not apply to Products made to measure according to the Customer's specifications such as requests for Product customizations.

As for the following Products:

• Goods made to the consumer's specifications or clearly personalized;
• Goods likely to deteriorate;
• Goods that have been used (earrings)

8. Payment

8.1. Payment methods :

The Site offers payment via accepted payment cards: CB, MasterCard®, Visa®, American Express® and Paypal.

8.2. Payment security:

Moni Paris implements security measures to guarantee the confidentiality and security of payment information. However, Moni Paris cannot be held responsible in the event of fraudulent use of payment methods. Payment is made through the secure Shopify Payments system which uses the SSL (Secure Socket Layer) protocol so that the information transmitted is encrypted. When the order is finalized, Moni Paris confirms payment to the Customer by sending them a summary email.

9. Force majeure

Moni Paris cannot be held responsible if it is prevented or delayed in the execution of its obligations due to force majeure, resulting from an unforeseeable, irresistible event beyond their control. In particular, in the event of fire, climatic events, natural disasters or any other accident causing the total or partial destruction of the company, a general strike, lack of driving force or raw materials resulting from a cause of a general nature. In the event of force majeure, delivery will be postponed to a later date after the force majeure event has ceased, without the Customer being able to claim any compensation for any damage whatsoever. If the force majeure event exceeds a duration of four weeks, each party will have the option to terminate the contract by registered letter with acknowledgment of receipt, free of charge. In this case, the Company will refund the sums paid by the Customer when placing the order, to the exclusion of any other compensation owed by the Company to the Customer.

10. Intellectual property

The name of the Moni Paris brand has been registered with the INPI (brand number 4944629). All texts, comments, images, works, illustrations, works and photographs of products reproduced on the website www.moni-paris.com are the exclusive property of Moni Paris and are subject to protection by copyright as well as intellectual property, for the entire duration of protection of these rights and for the entire world. The Moni Paris name and brand, logos, designs and models, stylized letters, figurative marks, and all signs represented on the Platform are and will remain the exclusive property of the company. As such and in accordance with the provisions of the Intellectual Property Code, only use for private use, subject to different or even more restrictive provisions of the Intellectual Property Code, is authorized. Any reproduction, representation, modification or total or partial adaptation of the Site and/or all or part of the elements found on the Site or incorporated therein is strictly prohibited. Users undertake to make their best efforts to report to Moni Paris any violation of intellectual property rights that they observe. The Moni Paris models and drawn representations are property of the Moni Paris brand. Consequently, any reproduction (product, design, brand) not authorized by Moni Paris will be subject to counterfeiting subject to legal and civil prosecution.

11. Modifications to the general conditions of use and sale

The Company reserves the right to modify all or part of these General Conditions of Use and Sale at any time and without delay. The applicable General Conditions of Use and Sale are those in force on the website on the day of the order placed by the Customer. The modifications will not be applicable to orders previously placed by the Customer and confirmed by the Company.

12. Partial nullity

If one or more stipulations of these General Terms and Conditions are held to be invalid or declared as such in application of a law, a regulation or a final decision of a competent court, the other stipulations will retain all their force and all their validity. scope.

13. Legal application clauses

These General Conditions of Sale are governed by French law. For any difficulty relating to the interpretation, execution and validity of these General Terms and Conditions, the parties agree prior to any legal action that any claim will be subject to prior formal notice by registered mail with request for Notice of receipt.

Any party may then, after a period of ten days following sending the letter referred to in the preceding paragraph, initiate any useful procedure.

14. Superiority of the general conditions of use and sale in French

With regard to an international clientele, these General Conditions of Use and Sale are translated into English. However, in the event of a conflict between the French and English versions, the Customer is informed that the French version will take precedence.

15. Disputes

Moni Paris and the Client undertake in the event of a dispute to seek an amicable solution before any legal action.

Mediation and amicable settlement of disputes

France :

In accordance with articles L.616-1 and R.616-1 of the French Consumer Code, the customer has the possibility to use the services of a mediator free of charge for the amicable settlement of any unresolved dispute between him and Moni Paris .

The watch and jewelry consumer mediator is CM2C 17 rue St Jean, 75017 PARIS, telephone 01 89 47 00 14, cm2c@cm2c.net , online site: www.cm2c.net .

Please note that a dispute can be examined by the consumer mediator when all of the following conditions are met:

-The customer justifies having tried, beforehand, to resolve his dispute by a written complaint, directly to Moni Paris or its customer service

-The request is not manifestly unfounded or abusive

-The dispute has not been previously considered or is not being considered by another mediator or by a court

-The client must initiate their request with the mediator within 1 year of their written complaint to the professional

-The dispute is compatible with mediation

For any online dispute resolution for national or EU purchases (Online procedure: the European platform for online dispute resolution (ODR) is available at the following link: https://ec.europa.eu/consumers /odr

Any dispute between Moni Paris and a buyer, whether regarding the formation, execution, interpretation, validity, termination or resolution of these General Conditions of Use and Sale will be within the jurisdiction of the courts within the jurisdiction of the Paris Court of Appeal (8 Boulevard du Palais 75001 Paris) and governed by the rules of French law, unless mandatory procedural rules to the contrary. The rules applicable to consumer law will apply.

16. Records and evidence

The seller will archive the purchase orders on a reliable and durable medium constituting a faithful copy in accordance with the provisions of article 1348 of the Civil Code. The seller's computerized records will be considered by the parties as proof of communications, orders, payments and transactions between the seller and the buyer.

Reproduction of Article 1 to 13 of Decree No. 2002-65 of January 14, 2002 relating to the trade in gemstones and pearls

• Article 1

The provisions of this decree apply to the following materials and products:

- gemstones formed in natural deposits;

- synthetic stones, artificial stones and imitations of gemstones;

- organic materials of plant or animal origin, traditionally used in jewelry;

- fine pearls;

- cultured pearls;

- imitations of fine pearls and cultured pearls,

Whatever their origin, their provenance and the use for which they are intended.

• Section 2

The name of the gemstones, organic materials, cultured pearls and fine pearls which have undergone, according to the case, a treatment by irradiation, by laser, by dye, by surface diffusion, by filling, possibly as a residue of a heat treatment, with colorless foreign materials solidified in the external cavities which present breaks in reflection visible to the magnifying glass 10 times, or by any other laboratory method modifying their appearance, their color or their purity.

• Section 3

The affixing of the word "treated" or the indication of the treatment is not obligatory for gemstones, organic materials, fine pearls and cultured pearls having undergone the following traditional lapidary practices:

- impregnation with a colorless fluid substance;

- heat treatment, provided that any heating residues on the surface do not cause a break in reflection visible with a 10x magnifying glass;

- whitening without the addition of coloring products or varnish.

• Article 4

The following qualifiers respectively complete the name of the materials and products mentioned below:

- “reconstituted” for stones obtained by partial fusion, agglomeration or sintering of natural materials to form a coherent whole;

- "composite" for stones which are crystallized or amorphous bodies composed of two or more parts assembled not by nature but by bonding or by any other process. Their components are either natural stones, synthetic stones, or chemicals;

- "synthetic" for stones which are crystallized or recrystallized products whose manufacturing caused totally or partially by man has been obtained by various processes, whatever they may be, and whose physical, chemical properties and crystal structure correspond essentially those of the natural stones that they copy;

- “artificial” for crystallized products with no known natural equivalent;

- "imitation" for artificial products that imitate the effect, color and appearance of natural stones or organic materials, or other artificial products, without possessing their chemical properties or physical properties or structure crystalline.

The use of the terms: "raised", "cultivated", "cultured", "true", "precious", "fine", "real", "natural" is prohibited to designate the products listed in this article.

• Section 5

The use of the terms: “semi-precious” and “semi-fine” is prohibited to designate all the materials and products mentioned in Article 1.

• Article 6

The terms: "pearl" or "fine pearl" are reserved for natural concretions secreted accidentally, without any human intervention, inside wild molluscs.

• Article 7

“Cultured pearls” are pearls whose formation in a living mollusc is artificially caused by human intervention, by whatever means.

These cultured pearls are called "3/4 sawn or 1/2 sawn cultured pearls", depending on their shape, when they have been sawn or ground.

They are called "compound cultured pearls" when they result from the assembly by man of the upper part of a cultured pearl with one or more lower parts of the same nature or of any other material.

• Section 8

Are called “imitation pearls”:

- pearls entirely or partially manufactured by man, copying the appearance, color and effect of natural or cultured pearls but not possessing their physical or chemical properties or their crystalline structure, even if natural materials have been used;

- cultured pearls treated by depositing any coating on the surface, in particular a plastic varnish;

- products resembling a pearl whose outer layers are not entirely the result of a natural secretion occurring inside the producing mollusc.

• Section 9

It is prohibited to import, hold for sale, offer for sale, sell or distribute free of charge the materials and products mentioned in Article 1 under a name other than that provided for in Articles 2 to 8. of this decree.

This name is indicated on the labels accompanying the product and on any commercial or advertising document referring to it.

• Article 10

For the products mentioned in Article 2, an information sheet describing the treatments applied, other than the practices mentioned in Article 3, their effects and the precautions to be taken in the maintenance of stone, organic matter or the pearl is made available to the consumer prior to the sale, then given to them with the invoice.

For the products mentioned in Article 3, consumers are informed, by display at points of sale, that certain gemstones may have been the subject of traditional lapidary practices, by use of colorless fluids and heating, and that the pearls may have been subject to laundering. This display must be perfectly legible from the place where customers are usually received. When these products are offered to the consumer using a distance communication technique, the same information appears on the distance sales contract offer.

• Article 11

The provisions of this decree do not prevent the placing on the market in France of products legally manufactured and marketed in another Member State of the European Union or the European Economic Area which ensures a degree of protection and consumer information equivalent to that of this decree.

Regulatory bases for trading in precious metals:

- articles 521 to 553 bis of the general tax code,

- articles 204 to 220 of annex I to the general tax code,

- articles 275 bis B to 275 ter P of annex II to the general tax code,

- articles 183 to 214 of annex III to the general tax code,

- articles 56 j bis to 56 j vicies of annex IV to the general tax code.

Done in Paris, September 1, 2023