General Terms & Conditions of Sale - SABRINA MONTE-CARLO ARTS DE LA TABLE SARL - 42 bd des Moulins - 98000 MONACO
These general terms and conditions of sale apply to all goods and services supplied by “SABRINA MONTE-CARLO DECO SARL” - RCI Monaco 09S05030 (hereinafter called “SABRINA MONTE-CARLO”). By placing an order, the Client accepts these general terms and conditions fully and without reservation, unless specifically agreed otherwise. No special conditions may supersede the general terms and conditions unless formally approved in writing by SABRINA MONTE-CARLO. SABRINA MONTE-CARLO shall not be bound, save express acceptance, by any conditions contradicting these general terms and conditions and which may be invoked by the Client, irrespective of the point at which such contradicting conditions are brought to the attention of SABRINA MONTE-CARLO.
Article 1. Purpose.
These terms and conditions are intended to govern the sale by SABRINA MONTE-CARLO, to its clients, of furnishing and interior and exterior home decoration products, and the rights and obligations arising from these sales. These general terms and conditions of sales therefore determine:
- the legal relationship between SABRINA MONTE-CARLO and the Client.
- the sale process between SABRINA MONTE-CARLO and the Client
(order, delivery, etc.).
Article 2. Responsibilities and limitations
Products are selected and purchased under the Client’s sole responsibility. Consequently, in the event that the Client should be unable to use products either partially or entirely, notably for reasons of product incompatibility, SABRINA MONTE-CARLO shall not be required to compensate or reimburse the Client and shall accept no liability, except where the product is shown to present a latent defect, nonconformity or fault. SABRINA MONTE-CARLO may not be held liable for any damage resulting from incorrect use of products by the Client or in the event of unforeseen incidents or force majeure. Unforeseen incidents or cases of force majeure deemed to exclude liability shall include any facts or circumstances which are irresistible, unforeseeable and outside the control of the parties, notably in the case of national transport strikes and natural disasters including flooding or fires.
Article 3. Acceptance of orders by SABRINA MONTE-CARLO
An order is deemed to have been accepted by SABRINA MONTE-CARLO only when confirmation has been issued to the purchaser. Accepted or confirmed orders will be fulfilled where possible subject to available stock. SABRINA MONTE-CARLO reserves the right to refuse a transaction for any reason or to refuse to serve any client at any time at its sole discretion. SABRINA MONTE-CARLO cannot be held liable by the Client or any third party for refusal to process a transaction or to suspend any transaction once order processing has begun.
Article 4. Price and payment
Prices communicated by SABRINA MONTE-CARLO are expressed in euros. Depending on the Client’s location and status (private individual or professional), prices are shown exclusive of tax or inclusive of all taxes, notably including VAT at the rate applicable on the order date. Any change to the rate of VAT may be passed on in the prices of products. Prices invoiced are those indicated in current catalogues and price schedules. They may be subject to change during the season. SABRINA MONTE-CARLO’s prices are ex works. The price is payable in full upon confirmation of the order by SABRINA MONTE-CARLO. Payment of orders is final and non-refundable. Payment must be made at SABRINA MONTE-CARLO’s domicile or primary establishment.
Article 5. Non-payment and reservation of title
5.1 Products ordered shall remain the property of SABRINA MONTECARLO until the corresponding purchase price has been settled in full.
5.2 By express agreement, in the event of non-payment or late payment, (i) any outstanding sums shall fall due immediately, irrespective of the original due date for payment, without prior notice or other formality, (ii) the Client shall incur late payment interest at the applicable legal rate (this rate will be updated per financial terms and legal texts in force) plus six points, and (iii) the Client shall be required to pay compensation corresponding to the collection costs incurred by SABRINA MONTECARLO.
5.3 Furthermore, in the event of non-payment (whether partial or total) 48 hours after formal notice to pay has been issued, the sale shall be cancelled ipso jure at the discretion of SABRINA MONTE-CARLO, which may seek an urgent court order requiring the products to be returned, without prejudice to any other damages that may be claimed. At SABRINA MONTE-CARLO’s discretion, not only the order concerned but all other prior unpaid orders will be cancelled, irrespective of whether they have been delivered or are in transit, and whether or not their payment is due.
5.4 Where payment is made by bill of exchange, failure to return the bill may be deemed refusal of acceptance and treated as a default on payment. Similarly, where payment is made in instalments, failure to pay any single instalment shall result in the entirety of the outstanding debt falling due immediately and without notice.
5.5 In all of the above cases, the outstanding sums owed by the client for other goods or services supplied by SABRINA MONTE-CARLO shall fall due immediately if SABRINA MONTE-CARLO does not opt to cancel the corresponding orders.
Article 6. Delivery
6.1 SABRINA MONTE-CARLO is not responsible for delivery of its products to any location other than its own points of sale. However, it may agree to arrange delivery to another location, in which case all of the costs relating to such delivery (packaging, shipping, shipping commission, customs fees, insurances, etc.) shall be borne by the Client. Even in the case of carriage paid shipping, goods are shipped at the Client’s risk. SABRINA MONTE-CARLO may under no circumstances be held liable for any damage sustained by goods in transit. Only the named recipient of the goods may lodge a claim with the transporters responsible when the delivery is received.
6.2 Delivery times may vary depending on the products and quantities ordered. All delivery estimates given when the order is placed and confirmed are subject to change. SABRINA MONTE-CARLO may not be held liable in the event that products are not delivered within the estimated times, which are given for information purposes only. Products are delivered to the address indicated by the Client when placing the order. Any claim for incorrect delivery must be made by the Client to SABRINA MONTE-CARLO on the day of delivery or by the first business day after delivery at the latest.
6.3 Any claim concerning the exterior appearance (visible defect) and quantity of goods delivered must be notified to SABRINA MONTE-CARLO by registered letter with request for return receipt, within 24 hours following delivery. No claim received after this period will be accepted.
Disclaimer In all cases, SABRINA MONTE-CARLO’s liability in the case of an acknowledged or established error or defect shall be strictly limited to the total amount paid by the Client for the product or service concerned supplied by SABRINA MONTE-CARLO, including the costs of returning the goods affected, but excluding any damages or other forms of compensation.
Article 8. Settlement of disputes
The contract between SABRINA MONTE-CARLO and the Client is governed by the laws of Monaco. In the event of a dispute, the Court of First Instance of Monaco shall have sole jurisdiction, notwithstanding the impleading of third parties or the presence of multiple defendants.