General Terms and Conditions of Sale
General terms and conditions of sale
GENERAL CONDITIONS OF SALE
The present General Terms and Conditions define the terms and conditions of sale of the Products offered by KAPPA RETAIL MONACO, SARL, with a capital of 15.000 Euros, registered in the Trade and Industry Register of Monaco under the number 20 S 08428, located at 1, promenade Honoré II - 98000 MONACO - Phone +377 97 77 74 74 - Intracommunity VAT number FR 24000148899. (hereinafter defined and referred to as the "Products") to Customers (hereinafter defined), on the website published by AS Monaco Football Club, a limited company affiliated to the French Football Federation under number 091, 7 Avenue des Castelans - Stade Louis II - 98 000 Monaco, accessible at the following address https://shop.asmonaco.com (hereinafter the "Website").
The General Conditions may be modified by KAPPA RETAIL MONACO, the version in force being the one displayed in the dedicated section on the website and/or the application. Each user of the Website undertakes to read the latest version of the General Conditions before any use and purchase.
ARTICLE 1 - WEBSITE
The Website is published by :
AS Monaco Football Club, Limited company affiliated to the French Football Federation under n°091, 7 Avenue des Castelans - Stade Louis II - 98 000 Monaco
ARTICLE 2 - DEFINITIONS
Whenever used in the General Conditions, the terms below shall have the following meaning:
" Customer ": means any natural or legal person, 18 years of age or older and legally capable of entering into a contract, wishing to purchase Products for their own use;
" Order ": refers to the order of Products placed by the Customer on the Site;
" Customer Account ": means the personal account created on the Site by each Customer in accordance with the procedure described below to access the purchase of Products;
" General Terms and Conditions " means these general terms and conditions of use and service;
" Website ": refers to the e-commerce website published by AS Monaco Football Club, a limited company affiliated to the French Football Federation under number 091, 7 Avenue des Castelans - Stade Louis II - 98 000 Monaco, enabling Clients to purchase Products sold by KAPPA RETAIL MONACO, and accessible via the website https://shop.asmonaco.com.
" Products ": refers to all the textile products and accessories offered by KAPPA RETAIL MONACO to Customers via the Site.
ARTICLE 4 - CUSTOMER ACCOUNT
4.1 Creation of the Customer Account
The Customer who wishes to purchase Products on the Site must first register on the Site and create a Customer Account. To do so, he/she must :
- Fill in the form provided for this purpose, and provide all the information required, in particular: surname, first name, postal address, date of birth, e-mail address, bank details.
- read and accept the General Conditions, by ticking the box provided for this purpose.
The Customer guarantees that the information on his Customer Account is accurate and complete, and undertakes to update it in the event of any changes.
The creation of a Customer Account allows the Customer to generate a login and a password necessary to access the Site. The identifier and password are strictly personal and confidential. The Customer shall not disclose them to any third party whatsoever.
Only one Customer Account may be opened per person. KAPPA RETAIL MONACO reserves the right at any time to carry out any verification it deems useful and to delete multiple Customer Accounts. Access to the Website via the Customer Account is strictly limited to private, personal and non-transferable use by the Customer.
4.1 Closing the Customer Account
The Customer may at any time close his Customer Account on the Site by sending a request by e-mail to email@example.com
ARTICLE 5 - ORDERING PRODUCTS
5.1 General terms and conditions
In order to use the Site and order Products, the Customer must log in to his or her Customer Account from a terminal (telephone, tablet, computer, etc.) with sufficient access to the Internet.
5.2 Products - description and availability
The Products offered for sale on the Site are those described and photographed on the Site.
KAPPA RETAIL MONACO takes the greatest care and accuracy in the presentation and description of the articles, within the limits of the technique and in compliance with the best market standards.
It is however possible that errors may appear on the Site, which the Customer acknowledges and accepts.
In the event of non-conformity of the product delivered in relation to its description on the Site, it is up to the Customer to implement the procedure provided for in the "SATISFIED OR REFUNDABLE" article.
The Customer may obtain further information by contacting KAPPA RETAIL MONACO by telephone on +377 97 77 74 74 or by e-mail: firstname.lastname@example.org or by using the contact form on the Site.
Exceptionally, in the event of total or partial unavailability of the item after the Order has been placed, the CUSTOMER will be informed by e-mail of the delivery of a partial Order or of the cancellation of the Order.
If the Product is not available, the Customer has the option to:
- or to be delivered a Product of equivalent quality and price, while stocks last;
- or to wait for the next delivery, the deadline for which will be specified;
- or to be reimbursed for the price of the Product ordered at the latest within 30 days of his request.
The Order is made after the following four successive steps have been completed:
1 - Selection of items
After clicking on the "Add to cart" icon and having checked the specifics of their Order (item, quantity, size, price, etc.) from the offer references visible on the French version of the Site, the Customer validates their choice of item(s) and their delivery method by clicking on the "Proceed to payment" icon.
2 - Identification
The Customer connects to his or her Customer Account by filling in the fields provided for this purpose on the Site and by indicating his or her identifier and personal password.
3 - Validation
Before confirming the Order, the Customer may check the details and total price of the Order and correct any errors before confirming its acceptance.
After accessing a summary, the Customer validates his/her Order by clicking on the "Proceed to Payment" button.
In all cases, KAPPA RETAIL MONACO shall acknowledge receipt of the Order as soon as it is validated by e-mail.
4 - Payment
After confirming the content of the Order, the Customer shall definitively validate it by payment.
The Order shall only become final once the corresponding price has been paid. The Customer is therefore debited for the amount of his/her purchase on the day of the Order.
The means of payment accepted to date are : Carte Bleue, VISA, MASTERCARD. For payment cards, the Customer must communicate the number of his bank card associated with its expiry date as well as the last three digits of the cryptogram on the back of his bank card.
In order to ensure the security of payments made online, the Site uses secure payment services via Payline at Société de Banque Monaco. These services include the 3D Secure security standard. Confidential data (the 16-digit bank card number, the expiry date and the cryptogram) are directly transmitted encrypted on the Payline server without passing through the physical media of the AS Monaco Football Club server.
The Payline payment interface uses 3D Secure technology. This is a system developed by the two bank card networks Visa and MasterCard to authenticate cardholders and thus prevent any fraudulent use of their cards. In addition to the number, the date of validity and the cryptogram, with the 3D Secure system, the cardholder must authenticate himself on an interface of his bank to which he is automatically redirected, by entering a code or personal information that his bank will have transmitted to him beforehand. Once authenticated, the cardholder's transaction will be authorised or refused by their bank.
When the bank details are validated, the secure telepayment manager sends an authorisation request to the bank card network. The telepayment manager issues an electronic certificate.
The Customer warrants that he/she is fully entitled to use the payment card provided for the payment of his/her Order and that such card provides access to sufficient funds to cover all costs arising from such Order.
In all cases, payment of the Order shall constitute signature and express acceptance of the sale at the price indicated plus shipping costs.
5 - Refusal or cancellation of an Order
Failure by the Customer to comply with its obligations under the terms of these General Terms and Conditions of Sale, and in particular any incident concerning the payment of the price of an Order, may result in the suspension of access to the Customer's Account and the blocking of access to new Orders on the Website. KAPPA RETAIL MONACO reserves the right to deregister the Customer, (a) after having informed the Customer at least fifteen (15) days in advance, or (b) immediately and without prior notice, in the event that the Customer fails to fulfil any of its obligations, in particular those set out in the General Terms and Conditions, without prejudice to any damages.
ARTICLE 6 - PRICES
The prices of the Products are expressed in Euros and include VAT at the rate applicable on the date of the Order.
KAPPA RETAIL MONACO reserves the right to modify them at any time.
In addition to the price of the items ordered, the Customer must also pay a flat-rate contribution to shipping costs, the amount of which is indicated to the Customer before the Order is definitively confirmed.
ARTICLE 7 - DELIVERY - RECEPTION
7.1 Place of delivery
The Products will be sent to the delivery address that the Customer has indicated during the Order process.
KAPPA RETAIL MONACO has chosen Colissimo and Chronopost for its shipments.
KAPPA RETAIL MONACO delivers packages in Metropolitan France, Corsica, DOM TOM and in a large number of foreign countries, the list of countries is indicated and validated at the time of the order.
Shipments to P.O. boxes are not accepted.
7.2 Delivery time
Delivery of the Product(s) ordered shall take place at the latest within 30 days from the day following the Order, subject to full payment by the Customer of the price of the Products and the availability of the Products, unless otherwise indicated to the Customer before the Order is finalised.
The indicative delivery times from the date of dispatch notified to the Customer are as follows:
France - Monaco 24h by Chronopost, 48h-72h by Colissimo
Europe 2 to 6 days
Outside Europe In this case, KAPPA RETAIL MONACO will provide the CUSTOMER with an estimated delivery date range.
Delivery times cannot be guaranteed in the event of force majeure, particularly in the event of a strike.
7.3 Acceptance - verification
Each delivery is deemed to have been made as soon as the Product is handed over to the Customer, in particular by the carrier, as evidenced by the control system used.
Upon delivery, the CLIENT will receive an invoice detailing the price of each of the Product(s) and the delivery charges payable by the CLIENT.
The CUSTOMER is expressly informed that it is his/her responsibility, upon delivery of the Product, to check its general condition (damage, damaged package, etc.) as well as its contents and to ensure that it conforms to his/her Order (designation, quantity, etc.). If this is not the case, the Client must expressly state his/her remarks or reservations in writing on the delivery slip.
Any anomaly concerning the Products (damage, missing Product compared to the order form, damaged or opened package, broken or defective item,...) must be notified to KAPPA RETAIL MONACO within three (3) days following the delivery date by phone at +377 97 77 74 74 or by e-mail at the following address email@example.com. It is up to the Customer to provide any justification as to the reality of the defects or anomalies noted.
KAPPA RETAIL MONACO shall indicate to the Customer the steps to be taken, particularly concerning the return of the Product. In the event of a proven defect noted by KAPPA RETAIL MONACO, it shall replace the defective or damaged Product at its own expense, depending on its available stocks, or reimburse the Customer, at the latter's discretion. If it is impossible to replace the defective Product, KAPPA RETAIL MONACO shall refund the Product.
Returns of Products and refunds will be made in accordance with the terms and conditions set out in 8.3.
The Customer must check that the contents of the parcel comply with the Order.
If the Product(s) delivered does (do) not conform to the Order due to KAPPA RETAIL MONACO, the Customer may, in accordance with the provisions below (ARTICLE 8) and within a period of fourteen (14) days from receipt of the Products ordered, request a refund or exchange for the Product(s) conforming to the initial Order. If it is not possible to replace the Product(s), KAPPA RETAIL MONACO will refund the Customer.
Returns of Products and refunds will be made in accordance with the terms and conditions set out in 8.3.
ARTICLE 8 - SATISFIED OR REFUNDED - WITHDRAWAL
The Customer, being a consumer, has a withdrawal period of 14 days from the date of receipt of the Product(s) ordered, without having to give reasons.
In this case, the Customer shall inform KAPPA RETAIL MONACO of his decision by means of an unambiguous written statement, for example by returning the form below by email (firstname.lastname@example.org) or by post to the address (1, promenade Honoré II - 98000 MONACO):
Model withdrawal form
For the attention of the company KAPPA RETAIL MONACO
I hereby notify you of my withdrawal from the Order for the following products:
Order number: ... (to be completed)
Name of consumer: ... (to be completed)
Consumer's address: ... (to be completed)
Date: ... (to be completed)
Signature of the consumer: ... (only if this form is notified on paper)
If the above conditions are fulfilled, KAPPA RETAIL MONACO shall proceed with the reimbursement of the payments received from the Customer for the Order for the Products in question. This reimbursement shall be made by crediting the Customer's bank account corresponding to the bank card used for payment within 14 days from the date of exercise of the right of withdrawal and subject to the correct return of the Product.
8.2 Customised products
The Customer is informed that this right of withdrawal is not applicable to sales of Products personalised at his request (for example, jerseys personalised by flocking of name and/or number or any other specification).
8.3 Return - refund
For a Customer in Metropolitan France + Corsica and Monaco, returns are free of charge and a prepaid return slip is enclosed in each parcel. For other countries, the Customer must return the package securely and with tracking and pay the return costs themselves.
The Products must be returned by the Customer within 14 days following the date of notification of withdrawal or the date of confirmation by KAPPA RETAIL MONACO of the agreement to return in the case of non-conformity, and under the following conditions:
- In their original packaging with labels;
- Complete (accessories, instructions) ;
- Clean and unworn (except for fitting);
- Not damaged or deteriorated;
- Accompanied by the corresponding original invoice
- Accompanied by the completed return form.
Products which are not returned within the time limits and under the conditions mentioned above will not be reimbursed or exchanged by KAPPA RETAIL MONACO.
Upon receipt of the parcel, KAPPA RETAIL MONACO shall judge the perfect condition of the returned goods. If the return is refused by KAPPA RETAIL MONACO, the Products will then be returned to the Customer at the expense of KAPPA RETAIL MONACO without the Customer being able to demand any compensation or right to reimbursement.
Returns should be sent to the following addressKAPPA RETAIL MONACO 1, Promenade Honoré II 98000 MONACO
ARTICLE 9 - AVAILABILITY OF THE SITE
KAPPA RETAIL MONACO endeavours to ensure that the Website is available 24 hours a day, every day of the year.
However, KAPPA RETAIL MONACO may, if necessary and without prior notice, suspend, interrupt or limit access to all or part of the Website, in particular for reasons of maintenance or updating of the Website and the various installations involved in its operation, or as a result of circumstances beyond the control of KAPPA RETAIL MONACO (security breach, fraudulent use of the Website, etc.).
In these cases, KAPPA RETAIL MONACO cannot be held responsible for the unavailability of the Website.
The Client declares that he is aware of and accepts the characteristics and limits of the Internet network and in particular acknowledges :
- be aware of the technical hazards that may affect the Internet and cell phone network and cause malfunctions, anomalies, data loss, slowdowns or unavailability making the connection slow or impossible,
- to be informed of the risks of detour of the data circulating on the Internet network. It is up to the Customer to take all necessary measures to protect himself from possible malicious software or viruses that could circulate on the Site.
ARTICLE 10 - INTELLECTUAL PROPERTY
KAPPA RETAIL MONACO is and remains the sole owner of all property rights relating to the Products and the Website. The General Terms and Conditions do not grant the Customer any property right on the Website, or on any other right held by KAPPA RETAIL MONACO.
The Customer is strictly prohibited from any other unauthorized use, in particular any copying, adaptation, creation of derivative works, distribution, reproduction, modification, translation, arrangement, broadcasting, transfer, decompilation, sale, licensing, or exploitation in any other way, of the Products, the Site or any content published on the Site, without this list being limitative
The Customer shall also refrain from reproducing any element of the Site and the Products (ideas, characteristics, logo, brand, functions, images etc.) by any means whatsoever, in any form whatsoever and on any medium whatsoever.
ARTICLE 11 - PERSONAL DATA
All personal information that may be collected on the Website is subject to automated computer processing. KAPPA RETAIL MONACO undertakes to collect, process and store all personal information of Customers in compliance with the provisions of Monegasque law n°1.165 of 23 December 1993 and the General Data Protection Regulation (EU).
The Customer is informed that he has the right to access, rectify and delete this information.
To exercise this right, he/she can send a request via the Internet: email@example.com or by post to the following address
KAPPA RETAIL MONACO, 1 Promenade Honoré II 98000 MONACO
This information is collected for the processing of the Customer's requests within the framework of the Site. When certain information is mandatory for the creation of a Customer Account, its mandatory nature is indicated at the time of entry. The personal data collected is intended for KAPPA RETAIL MONACO and AS MONACO FOOTBALL CLUB (https://shop.asmonaco.com/fr/confidentialite), as well as to their subcontractors involved in the hosting and management of the Site and/or in the execution of Product orders (payment providers, carriers). The Customer consents to the use by KAPPA RETAIL MONACO of all data concerning him/her, for the following purposes
- Execute the sales contract for the Products and manage the Orders
- Manage the Customer Account and optimize navigation on the Site;
- Respond to inquiries, especially via the various contact forms;
- To promote and spread the word about KAPPA RETAIL MONACO's activities, in particular by organizing events and conferences, organizing prospecting, organizing contests, sending out information/newsletters on events and new products.
KAPPA RETAIL MONACO may automatically collect connection data when the Customer uses the Website:
- Connection traces (login, IP address, date and time)
- The information of use of the site (modules, menus).
With regard to the deposit of cookies, we invite you to consult the cookies section on the Site: https://shop.asmonaco.com/fr/confidentialite
KAPPA RETAIL MONACO keeps the Customer's data for the duration of the contractual relationship and for as long as it is required to do so by virtue of the laws in force and the purposes defined above.
When the Customer closes his Customer Account, KAPPA RETAIL MONACO may store the Customer's data in an aggregated or anonymised format.
Notwithstanding the foregoing, KAPPA RETAIL MONACO may also retain Customer data as reasonably necessary to comply with its legal obligations, including in the event of litigation.
ARTICLE 12 - LINKS
The Customer is informed that when using the Website, a link may lead him/her to third party websites which are not under the control of KAPPA RETAIL MONACO. KAPPA RETAIL MONACO is not responsible and cannot be held responsible for the contents and activities of these websites. The creation of hypertext links (simple or deep) to the Website is strictly prohibited.
ARTICLE 13 - APPLICABLE LAW - DISPUTE
The General Conditions, as well as the Orders, are exclusively subject to Monegasque law. In the event of a dispute, the Courts of Monaco shall have sole jurisdiction.
For any dispute, the Customer also has the possibility of using the Online Dispute Resolution Site set up by the European Union. This platform is accessible at the following link: http://ec.europa.eu/consumers/odr.
ARTICLE 14 - OTHER PROVISIONS
17.1 Non-waiver 17.1.1 Non-waiver: It is expressly agreed that if one of the parties refrains from availing itself of the benefit of any of the contractual stipulations, whether from time to time or from time to time, such abstention shall not constitute a waiver of the application of the stipulation(s) concerned for the future.
17.2 Severability 17.2.1 Severability: Each of the provisions of the General Terms and Conditions shall apply to the fullest extent permitted by law and the invalidity of any provision or part thereof shall not affect the remainder of that provision and the General Terms and Conditions as a whole.
Return and exchange conditions
Returns are free of charge for all orders in Metropolitan France and Monaco via Colissimo, within 14 days of receipt of the order.
For all countries outside Metropolitan France, the withdrawal or the request for exchange of a product is at the customer's expense (return costs).
For a product return to be valid, it must imperatively respect the following conditions:
- return in the original packaging of all the elements of the product(s) (accessories, manuals...)
- clean, unworn, undamaged product(s) (except for fittings)
- original invoice and product return form attached to the package
No refund or exchange will be made for the following cases:
- items returned damaged, spoiled, incomplete or soiled without having been the subject of remarks or express reservations written by the user upon collection or receipt.
- Products personalised at the request of the customer such as shirts with personalised flocking (except for professional players still under contract with AS Monaco).
Kappa Retail Monaco has a maximum period of 14 working days to reimburse or replace a product returned by the customer according to the conditions below.
PROCEDURE FOR METROPOLITAN FRANCE AND MONACO
A free return form will be included in your package. You will also find a return form to fill in and enclose with the package. If you have not received these documents, you can request them by e-mail at firstname.lastname@example.org
PROCEDURE OUTSIDE METROPOLITAN FRANCE AND MONACO
As the return is at the customer's expense, it is advisable to send a return parcel by registered mail with return receipt, or by Colissimo with tracking, or by any other means allowing the parcel to be tracked. Attach the form giving the reason for the return, the exchange or refund to be made.
Returns are to be made to the following address
Kappa Retail Monaco
1 Promenade Honoré II
Les Jardins d'Apolline
For further information please contact our customer service by e-mail: email@example.com or by phone at 00 377 97 77 74 74.