General Conditions of Sale

PREAMBLE

The merchant site https://monarquebrand.fr/ (hereinafter "the Site") is an e-commerce platform available on the Internet, accessible to any user of this network. It is managed by the company CSK France (hereinafter "CSK France"), a simplified joint-stock company with a capital of 40,000 euros], located at 254 rue Vendôme, 69003 Lyon, registered in the Trade and Companies Register under number 928 419 415, with an intra-community VAT number FR63928419415.

The Site offers CSK France the possibility of selling its products (hereinafter "Products") to non-professional buyers considered to be consumers (hereinafter "Customer").

These General Terms and Conditions of Sale (hereinafter "GTC") define the terms of the relationship between CSK France and Customers wishing to make a purchase or browse the Site. Any order for a Product on the Site implies the Customer's unconditional acceptance of these GTC.

CSK France reserves the right to modify these T&Cs at any time by publishing a new version on the Site. The applicable T&Cs are those in effect on the date of the order.

These T&Cs are permanently available at the following address: https://monarquebrand.fr/pages/conditions-generales-de-vente , in a format allowing them to be printed and/or downloaded, thus ensuring that the Customer can reproduce or save them, and this, exclusively in French.

These T&Cs, together with the order summary sent to the Customer, constitute the contractual whole summarizing all the agreements entered into between the parties.

It is emphasized that purchases on the Site are reserved for non-commercial individuals with the status of consumers, aged over 18 and enjoying full legal capacity.

The Site does not allow the acquisition of Products for resale. Consequently, it is brought to the Customer's attention that any order may not exceed a total of thirty (30) items.

ARTICLE 1: PURPOSE

These General Terms and Conditions govern the rights and obligations of the Parties resulting from the online sale of the Products offered on the Site, to the exclusion of any other document.

ARTICLE 2: PRODUCT

In accordance with Article L. 111-1 of the Consumer Code, the company CSK France presents on the Site the Products for sale and their characteristics. The Customer has the possibility to know, before taking a final Order, the essential characteristics of the Products he wishes to purchase.

Only Products present on the Site at the time of consultation by the Customer are offered for sale. Product offers and prices are valid as long as they are visible on the Site, within the limit of available stocks.

The main characteristics of the items are presented on the Site in each Product sheet. The Customer is informed that the images, photos, and colors of the items sold may not faithfully correspond to the real colors, due to differences in Internet browser or the screen used.

The Products presented by the company CSK France are only valid within the limit of available stocks. In the event of an order for a Product that has become unavailable, the customer will be informed of this unavailability as soon as possible, via the site, by email.

ARTICLE 3: PRICE

The sales prices indicated on the Site are in euros, including all taxes but excluding delivery costs. Delivery costs are communicated to the Customer as they choose Products and according to the delivery method chosen, and their total amount is indicated at the end of the ordering process, in addition to the price of the selected Products, before the Customer confirms their agreement.

CSK France reserves the right to modify its prices at any time, but undertakes to apply the prices displayed on the Site at the time of the Customer's order.

CSK France strives to ensure the accuracy of the information, descriptions and prices provided; however, errors may occur. If the price of an item ordered by the Customer is incorrect, the Site will inform the Customer as soon as possible, allowing the Customer to confirm the order at the corrected price or cancel it. If CSK France is unable to contact the Customer, the order will be cancelled.

Delivery costs are explained to the Customer in the order summary before its validation and are expressed inclusive of all taxes. These costs are the responsibility of the Customer and are added to the sale price of the Products.

The prices take into account the VAT applicable on the day of the Order and any change in the applicable VAT rate will be automatically reflected in the price of the Products listed on the Site. Payment of the full price must be made when the Order is placed. At no time may the amounts paid be considered as deposits or down payments. These prices are guaranteed subject to typographical or printing errors.

The price of Products shipped outside the European Union and DOM-TOM will be calculated excluding taxes. In this case, the Customer is considered the importer of the Products. In the event of customs duties, import taxes or other charges applicable due to the geographical destination of the Products, these costs are the responsibility of the Customer, who is recommended to carry out the necessary checks and procedures prior to validating his Order.

ARTICLE 4: ORDER

To place an order, the Customer selects one or more Products by clicking on “ Add to cart ”.

At any time, the Customer may:

• View the contents of your basket and obtain details of the selected Products by clicking on “Basket”,
• Continue your selection of Products by clicking on “Continue my purchases”,
• Complete your order by clicking on “Place order”.

Any new Customer must complete the customer account creation form provided, providing in particular the information necessary for their identification, including their email address and a password of their choice, which will be used to subsequently connect to the Site.

Customers already registered must identify themselves after clicking on "Order", by entering their email address and password.

Entering these identifiers attests to the identity of the Client.

The provision of personal information collected in the context of distance selling is mandatory, this information being necessary for the processing and delivery of orders as well as for the preparation of invoices. This information is strictly confidential.

Upon completion of payment, CSK France sends the Customer, by email to the address provided by the Customer, a summary document of the order immediately and at the latest before delivery.

This document, constituting the acknowledgement of receipt of the Customer's order, includes all the elements of the contract entered into between the parties.

The purchase order is recorded in the computer records of CSK France, which are themselves stored on a reliable and durable medium. The Customer accepts that the purchase order is considered as proof of the contractual relations between the parties.

The Customer may print the summary order form sent with the acknowledgment of receipt. The order summary will also be accessible on the Site in the "My Account" section.

The Customer can follow the progress of his order on the Site in the "My Account" section or contact Customer Service for any questions relating to his order via the contact form at the following address: https://monarquebrand.fr/pages/contact.

CSK France reserves the right not to validate the order in the event of an existing dispute with the Customer, abnormal or abusive exchanges and returns, abnormal or abusive complaints, or abnormal orders in terms of quantities ordered.

ARTICLE 5: PAYMENT

Payment must be made in full at the time of ordering. Amounts paid cannot be considered as deposits or down payments.

No cash on delivery shipments will be accepted, whatever the reason.

CSK France retains ownership of the items until full payment of the price by the Customer.

The Customer may pay for his order only by bank card, in accordance with the provisions of this article.

For any bank card transaction, the Customer will indicate the number on the front of their card, the expiration date of their card and the cryptogram on the back of their card (the last three digits). The communication by the Customer of their bank card number constitutes authorization for CSK France to debit their account up to the amount of their order. Payments by bank card are secured by the company Shopify , which ensures the protection of all data related to payment methods through SSL encryption security. All information communicated by Customers to CSK France is strictly protected and guarantees the compliance and security of each transaction.

In the event of non-payment, incorrect address or any other problem with the Customer's account, CSK France reserves the right to block the Customer's order until the problem is resolved.

Regardless of the payment method used, CSK France will cover the occasional bank charges incurred by the payment, within the limit of the management fees charged by Shopify . All payments are made via Shopify payment. Any other fees, whatever the reason, will be billed to the Customer.

CSK France reserves the right to suspend or cancel any Order and any delivery in the event of refusal of authorization of payment by bank card by officially accredited organizations or in the event of non-payment. CSK France reserves the right in particular to refuse to make a delivery or to honor an Order from a Customer who has not fully or partially paid a previous order or with whom a payment dispute is in progress.

ARTICLE 6: DELIVERY

The Products are shipped to the delivery address indicated by the Customer when ordering. Delivery cannot be made to hotels or PO boxes. The delivery times indicated on the site are indicative times, corresponding to the average processing and delivery times. In order for these times to be respected, the Customer must ensure that they have provided accurate and complete information concerning the delivery address (such as: street number, building, staircase, access codes, names and/or intercom numbers, etc.). In the event of an error in the wording of the recipient's contact details, CSK France cannot be held responsible for the impossibility of delivering the item(s) ordered.

In case of absence, a delivery notice will be left in your mailbox and the package will be deposited in a relay point. The Customer may collect the package within 10 days from the date of the delivery notice, upon presentation of an identity document and the delivery notice. After this period, unclaimed packages will be returned to us. We decline all responsibility for delays in delivery resulting from the absence of the recipient or failure to collect the package within the time limit.

Delivery will not be made in the event of force majeure, transport and/or postal service strikes.

Items are delivered subject to available stock. In the event of unavailability of the ordered Product, CSK France will honor the order for the other Products, and the Customer will be billed only for the Products actually shipped. CSK France will make refunds within fourteen (14) days.

CSK France undertakes to inform the Customer of the progress of the processing of his order. An email containing a tracking link for the package will be sent to the Customer once his order has been shipped.

CSK France cannot be held responsible for the consequences due to a delay in delivery that is not its fault.

ARTICLE 7: RECEIPT OF THE ORDER

In the event of damaged packages (already opened, missing Products, etc.), the Customer undertakes to notify the carrier and CSK France, by any means, of any reservations within three (3) days following receipt of the Product.

Unless there is a legitimate reason, any claim made after three (3) days following receipt of the Products will be considered inadmissible, and CSK France cannot be held liable.

The transfer of risks of loss and deterioration of the Products will be carried out after delivery and receipt of the Products by the Customer.

CSK France reserves the right to ask the Customer to return the non-compliant or damaged Product.

In the event of abnormal or abusive returns, CSK France may refuse to fulfill a subsequent order.

ARTICLE 8: RIGHT OF WITHDRAWAL – RETURNS AND REIMBURSEMENT

The Customer has a period of fourteen (14) days from the date of receipt of his order to request from CSK France the return or reimbursement of the Product(s).

The return and refund terms are available at https://monarquebrand.fr/pages/retours-et-remboursements. The Customer can also request them by contacting CSK France via hello@monarquebrand.com or via the form .

The Product must be returned in its original condition, new, unworn, unwashed and with its original label. Items returned incomplete, damaged, worn or soiled will not be accepted.

In the event of a return, the customer will be reimbursed within a maximum of fourteen (14) days from receipt of the package by CSK France. The reimbursement will be made by the same means of payment as that used for the initial order (credit of the amount to be reimbursed to the bank account). The return costs are the responsibility of the customer. The terms and amount of the return costs are indicated on the “Returns and Refunds” page at https://monarquebrand.fr/pages/retours-et-remboursements .

The return is at the Customer's risk. It is the Customer's responsibility to keep all proof of return.

If the item is not returned by the Customer within fourteen (14) days of making the request, the return is considered cancelled and the Customer must keep the Product.

ARTICLE 9: PERSONAL DATA

CSK France collects a certain amount of information necessary for processing orders. This data is not only essential for processing the Customer's order by CSK France, but also to communicate information to the Customer about the CSK France brand, if the Customer accepts it by validating his order. The information is strictly confidential and is indicated by an asterisk (*) when it is necessary for CSK France, and/or its service providers in the context of managing the Customer's order.

In accordance with the directives of legal authorities or to defend its rights or those of its employees, customers or any other person, CSK France may communicate this data to legally authorized bodies and authorities. CSK France undertakes to take all necessary precautions to ensure the security of its files and the protection of its computer system, and in particular to prevent the Client's personal information from being distorted, damaged or accessed by unauthorized third parties.

The Client's personal information is sent and stored with the Site's host, whose contact details appear on the Site in the “Legal Notices” section.

In accordance with the General Data Protection Regulation (GDPR) of April 27, 2016 and the amended "Informatique et Libertés" law of January 6, 1978, the Client has the right to access, rectify, modify, delete and transfer data concerning him/her, as well as the right to object and limit processing.

The Customer may exercise these rights by sending an email to hello@monarquebrand.com specifying his/her name, first name, email and postal address. The Customer may also modify his/her personal data from his/her customer area, by logging in directly on the site.

The Customer may consult the Privacy Policy at any time for more information on the use of his personal data.

ARTICLE 10: WARRANTY AND LIABILITY

All Products benefit from the legal guarantee, provided that use has been normal and that the maintenance advice has been followed.

Ordering on the Site implies recognition and acceptance of the procedures in force on the Internet network, in particular with regard to technical performance, response times, connection times, queries or transfers of information, risks of disconnection, risks of contamination by viruses circulating on the network and, in general, all risks linked to the use of the Internet network.

CSK France cannot therefore be held liable in any way for any direct or indirect damage resulting from improper use or an incident related to the use of the computer, Internet access, maintenance or malfunction of the servers, the telephone line or any other technical connection. The Customer's connection to the Site is made under his/her entire responsibility.

ARTICLE 11: FORCE MAJEURE

CSK France will not be liable for the total or partial non-performance of its obligations under the order placed by the Customer, if this non-performance is caused by an event constituting a case of force majeure, as defined by positive law.

In such a case, CSK France will inform the Client of the occurrence of such an event within fourteen (14) days of its occurrence, by email.

If the event constituting a case of force majeure persists for more than one month, the order will be cancelled and, where applicable, will be subject to reimbursement by CSK France within a maximum period of thirty (30) days.

ARTICLE 12: INTELLECTUAL PROPERTY

CSK France holds all intellectual property rights and all derivative rights related to the monarquebrand.fr platform, which are protected worldwide.

Any user may freely consult the data present on the Site, subject to compliance with intellectual property rights as defined in these General Terms and Conditions. As far as possible, the data will be regularly updated by CSK France.

No provision of these T&Cs may be interpreted as granting the Customer, expressly or implicitly, any right whatsoever (by way of a license or otherwise) to the names, brands, logos and other distinctive signs of CSK France, or to any other right of CSK France linked, in particular, to literary and artistic property.

ARTICLE 13: APPLICABLE LAW – DISPUTE RESOLUTION

If any of the clauses of these T&Cs were deemed void, illegal or inapplicable by a court decision, the other provisions of the T&Cs would remain in force.

These General Terms and Conditions are governed by and interpreted in accordance with French law. They are written in French. In the event of translation into one or more foreign languages, only the French text shall prevail in the event of a dispute. The Customer is informed that he/she may resort to any alternative dispute resolution method (e.g. conciliation) in the event of a dispute. In the absence of a solution found through an alternative dispute resolution method within fifteen (15) days, any dispute relating to the existence, validity, interpretation, execution, non-execution, interruption or termination of these General Terms and Conditions (or any of their clauses) shall fall under the exclusive jurisdiction of the courts within the jurisdiction of the registered office of CSK France.

Any disputes that may arise concerning the validity, interpretation, execution, non-execution, interruption or termination of these General Terms and Conditions, or the abrupt termination of established commercial relations, will be submitted to prior conciliation between the Parties. This procedure is confidential.

In this case, a conciliator (third party to this contract) will be jointly appointed by the Parties. The conciliation will take place before a single conciliator. In the event of disagreement over the appointment of the conciliator, the respective counsels of the Parties will agree to appoint a neutral conciliator, in the best interests of each of the Parties. The attempt at conciliation must be conducted in good faith and the Parties undertake, in this spirit, to meet at least once under the aegis of the conciliator. Unless otherwise agreed by the Parties, the conciliation may not extend beyond a period of one (1) month from the referral to the conciliator. The costs and fees of the conciliation will be shared equally between the Parties. Each Party will bear the costs and fees of the counsels it may appoint within the framework of the conciliation. The Parties hereby agree that in the event of a conciliation agreement, it will be drawn up and signed by the Parties under the aegis of the conciliator and will allow for an amicable resolution of the dispute submitted to them. However, if the legal action of one of the Parties is subject to a limitation period that may expire during the conciliation, that Party may interrupt the limitation period by any legal means, as a precautionary measure. This procedure will remain suspended until the end of the conciliation. In the event of a dispute relating to the existence, validity, interpretation, execution or performance of these General Terms and Conditions (or any of these clauses), exclusive jurisdiction is assigned to the Commercial Court of the jurisdiction of the registered office of CSK France, to which the Parties confer exclusive jurisdiction.