TERMS & CONDITIONS
(rev. 0 of 24 April 2016)
WE PLEASE YOU TO READ TERMS AND CONDITIONS CAREFULLY USING THIS WEBSITE
These terms also set out how you may interact with us on any of our official social media sites including Facebook, Twitter, Instagram and other such services (“Social Media”).
OTHER APPLICABLE TERMS
If you purchase goods from our site, our Terms and Conditions of Sale will apply to the sales.
CHANGES TO THESE TERMS
Please check this page from time to time to take notice of any changes we made, as they are binding on you.
CHANGES TO OUR SITE
We may update our site from time to time, and change the content at any time. However, please note that any of the content on our site may be out of date, and we are under no obligation to update it.
We do not guarantee that our site, or any content on it, will be free from errors or omissions.
ACCESSING OUR SITE
We do not guarantee that our site will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
YOUR ACCOUNT AND “PRIVÉ“ ACCESS
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected]
INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way and you must not use any illustration.
You must not use any part of the content on our site for commercial purposes without obtaining a license to do so from us.
If you are a business user, please note that in particular, we will not be liable for:
loss of profits, sales, business, or revenue;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage.
If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by use to you, which will be set out.
LINKING TO OUR SITE
You may link to our website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site in any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.
If you wish to make any use of content on our site other than that set out above, please contact [email protected]
“Tadini Monte-Carlo” and its symbol is a registered trademark.
TERMS AND CONDITIONS OF SALE
These are the terms and conditions on which we supply products to you. Please read these terms carefully before you submit your order to us. These terms tells you how we will provide products to you, how you and us may change or end the contract, what to do if there is a problem and other important information.
1. INFORMATION ABOUT US AND HOW TO CONTACT US
1.1. Tadini Monte Carlo is a fashion brand registered in Monte Carlo (MONACO). Our registration number is R.C.I. 15P08500 NIS: 4616Z17472 and our registered office is at 5, rue Des Lilas, Monte-Carlo, Monaco 98000. Our registered VAT number is FR 55000118737.
1.2. You can contact us by telephoning our customer service team at +377 643916621 or by writing to us at [email protected]
1.3. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2. OUR CONTRACT WITH YOU
2.1. Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we made every effort to display the colors accurately, we cannot guarantee that a device’s display of the colors accurately reflects the color of the products. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible, because our products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our website have a reasonable tolerance.
2.2. If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product, because the country in which you live prohibits the supply of our Product or because we are unable to meet a delivery deadline you have specified.
2.3. Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3. OUR PRODUCTS
3.1. Our acceptance of your order will take place when we send you confirmation of dispatch of the product(s), at which point a contract will come into existence between you and us.
3.2. Product packaging may vary. The packaging of the product may vary from that shown on images on our website.
4. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the product you have ordered please contact us in writing. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
5. OUR RIGHTS TO MAKE CHANGES
5.1. Minor changes to the products. We may change the product:
to reflect changes in relevant laws and regulatory requirements; and
to implement minor technical adjustments and improvements. These changes will not affect your use of the product.
5.2. More significant changes to the products and these terms. In addition we may make changes to these terms or the product, but if we do so we will notify you and you may then contact us to end the contract and receive a full refund before the changes take effect.
6. PROVIDING THE PRODUCTS
6.1. The costs of delivery will be on your charge whether you decide to use your own expeditor or our selected company.
6.2. When we will provide the products. We will deliver them to you as soon as reasonably possible and in any event within 60 days after the day on which we accept your order unless we are required to obtain additional approvals in order to deliver the Products to the country in which you live. If this is the case we shall advise you that the delivery date is likely to be delayed until such approval is obtained.
6.3. We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
6.4. Collection by you. If you have asked to collect the products from our premises, you can collect them from us by appointment only and with a minimum of three (3) days notice.
6.5. If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
6.6. If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract.
6.7. Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 7.7, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
6.8. Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery, you can cancel your order for any of the products that have been delivered. If you wish, you can reject or cancel the order for some of those products (not all of them). After that we will refund any sums you have paid to us for the cancelled products and their delivery. If the products have been delivered to you, you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on +377643916621 or email us at [email protected] for a return label or to arrange collection.
6.9. When you become responsible for the product. The product will be your responsibilities from the time we deliver the product to the address you gave us or you or a carrier organized by you collect it from us.
6.10. When you own goods. You own a product which is goods once we have received payment in full.
6.11. What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you. If so, this will have been stated in the description of the products on our website. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
6.12. Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
deal with technical problems or make minor technical changes;
update the product to reflect changes in relevant laws and regulatory requirements;
make changes to the product as requested by you or notified by us to you.
Whilst we obtain additional approvals to supply our Products to the country in which you require delivery.
6.13. Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency.
6.14. We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 12.4) and you still do not make payment within fourteen (14) days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice. We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments.
7. YOUR RIGHTS TO END THE CONTRACT
7.1. You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract.
7.2. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
we have told you about an upcoming change to the product or these terms which you do not agree to;
we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
there is a risk that supply of the products may be significantly delayed because of events outside our control;
we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days or
you have a legal right to end the contract because of something we have done wrong.
7.3. Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within fourteen (14) days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms. You may be responsible for the cost of returning any products.
7.4. How long do I have to change my mind? You have fourteen (14) days after the day you (or someone you nominate) receives delivery of the goods.
7.5. Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind, you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered. If you want to end the contract in these circumstances, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
8. HOW TO END THE CONTRACT WITH US
8.1. Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
Phone or email. Call customer services on +337643916621 or email us at [email protected] Please provide your name, home address, details of the order and, where available, your phone number and email address.
By post. Write to us at 5, rue des Lilas, Monaco 98000.
8.2. Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us at 5,Rue des Lilas ,Monte -Carlo , 98000 Monaco or Please call customer services on +337643916621 or email us at [email protected] for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the goods within fourteen (14) days of telling us you wish to end the contract.
8.3. When we will pay the costs of return. We will pay the costs of return:
if the products are faulty or misdescribed; or
if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
8.4. What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.
8.5. How we will refund you. We will refund you the price you paid for the products, by the method you used for payment. However, we may make deductions from the price, as described below.
8.6. Deductions from refunds. If you are exercising your right to change your mind:
We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
8.7. When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 10.
In all other cases, your refund will be made within fourteen (14) days of your telling us you have changed your mind
9. OUR RIGHTS TO END THE CONTRACT
9.1. We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
you do not make any payment to us when it is due and you still do not make payment within fourteen (14) days of us reminding you that payment is due;
you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products.
you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
9.2. You must compensate us if you break the contract. If we end the contract we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
10. IF THERE IS A PROBLEM WITH THE PRODUCT
10.1. How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at +377643916621 or write to us at [email protected]
10.2. Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
10.3. Summary of your key legal rights
This is a summary of your key legal rights.
If your product is goods the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your product your legal rights entitle you to the following:
up to thirty (30) days: if your item is faulty, then you can get a refund.
up to six (6) months: if your faulty item can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
up to six (6) years: if the item can be expected to last up to six (6) years you may be entitled to a repair or replacement, or, if that doesn’t work, some of your money back.
10.4 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on +337643916621 or email us at [email protected] for a return label or to arrange collection.
11. PRICE AND PAYMENT
11.1. Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the product you order.
11.2. We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
11.3. What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated we will contact you for your instructions before we accept your order.
11.4. When you must pay and how you must pay. We accept payment with all major credit and debit cards. You must pay for the products before we dispatch them.
11.5. We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 3% a year above LIBOR. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
11.6. What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know and we will not charge you interest until we have resolved the issue.
12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
12.1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
12.2. We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13. HOW WE MAY USE YOUR PERSONAL INFORMATION
13.1. How we will use your personal information. We will use the personal information you provide to us:
to supply the products to you;
to process your payment for the products; and
if you agreed to this during the order process, to inform you about similar products that we provide, but you may stop receiving these at any time by contacting us.
13.2. We will only give your personal information to third parties where the law either requires or allows us to do so.
14. OTHER IMPORTANT TERMS
14.1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organization. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
14.2. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
14.3. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
14.4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.5. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
14.6. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by Monaco law and you can bring legal proceedings in respect of the products in the Monaco court.
14.7. Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to the Centre of Effective Dispute Resolution (“CEDR”) via their website at www.cedr.com. CEDR will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. In addition, please note that disputes may be submitted for online resolution to the Online Dispute Resolution Platform at http://ec.europa.eu/odr