TERMS AND CONDITIONS
These general terms and conditions are applicable to the use of this website and the agreement between us and you. In these terms and conditions the rights and obligations have been clarified of all users and those of SOCIETY CLUB with regard to the goods/services that are offered by us, by means of this website or by means of only other websites to which we can refer or link. Before you click on the button “approve payment” to place the order, we ask you to read these TERMS AND CONDITIONS and our privacy statement carefully. By using this website or to place an order with it, you agree that you are bound by these TERMS AND CONDITIONS and our privacy statement. If you do not agree with all TERMS AND CONDITIONS and the privacy statement, then do not place and order. These TERMS AND CONDITIONS may be subject to changes, so you need to read them carefully each time before you place an order. If you have questions about the TERMS AND CONDITIONS or the privacy statement, then you can go to our website or contact us by means of our contact form on the web. Trading as SOCIETY CLUB in Monaco registered at the address 17 avenue des spèlugues 98000 Monte-Carlo FR86000039148 REGISTRE COMMERCE DE MONACO.
USE OF OUR WEBSITE
These TERMS AND CONDITIONS are the only terms and conditions that are applicable to the use of this website and they replace all other TERMS AND CONDITIONS, unless the seller gives explicit, prior and written permission. These TERMS AND CONDITIONS are important both for you and us, because they create a legally binding agreement between us, and because they protect your rights as a valued customer and our rights as a company. By placing your order you agree that you accept these TERMS AND CONDITIONS without precondition and that you have read them. You agree that:
• You may only use the website to obtain legal information or to place orders;
• You shall not place speculative, false or fraudulent orders. If we are reasonably of the opinion that such an order has been placed, then we are authorized to cancel the order and to inform the concerned government entities about this.
• You also oblige yourself to provide us with a correct and accurate e-mail address, postal address and/or other contact date and to acknowledge that we may use these data to contact you in case that this should be necessary (see our privacy statement).
• If you do not provide us with all information that we need, we may not be able to process your order.
By place an order via the website, you warrant that you are at least eighteen years of age and are legally capable to conclude a binding contract.
HOW THE CONTRACT IS CONCLUDED
The information that is provided in the TERMS AND CONDITIONS and the information on this website do not constitute an offer to sell, but an invitation to enter into negotiation. There shall be no contract concluded with regard to whichever product between you and us until your order has been accepted by us. If we do not accept your offer and already money has been debited from your account, then this will be fully refunded. To place an order, you need to follow the online shopping process and to click on the button “approve payment” to send the order. After this you will receive an e-mail from us for the confirmation that we have received your order (the “confirmation of receipt”). This does not mean that your order has been accepted, because your order is an offer by you to us to buy one or more products from us. All orders are subject to acceptation by us and we confirm such an acceptation to you by sending you an e-mail in which we confirm that the product has been shipped (the “order confirmation”). The contract for the purchase of a product between you and us (contract) is only concluded when we send you the order confirmation. The contract only regards the products of which we have confirmed the shipping in the order confirmation. We are not bound to the delivery of any other products that possibly form part of your order until we have confirmed the shipping of such products in a separate order confirmation.
AVAILABILITY OF PRODUCTS
All orders for products are subject to the availability thereof and in this regard we reserve the right to provide you, in case of supply problems or because products are no longer in stock, with information about substitute products of equal or higher quality and value that you may order. If you do not wish to order such substitute products, then we will refund all the money that you possibly already have paid. Hereby we strive to remove no longer available products as soon as possible from the website, but we cannot guarantee that products that are offered actually are in stock.
REFUSAL OF AN ORDER
We reserve the right at all times to remove whichever product from this website and/or to remove or modify materials or content from this website. Although we make every effort to always process all orders, there may be exceptional circumstances because of which we have to refuse the processing of an order after we sent you an order confirmation. We reserve at all times the right to do this entirely at our own discretion. We are not liable towards you or any other third party because of the fact that we have removed a product from this website, irrespective of whether it has been sold or not, nor for the removal or modification of materials or the content of this website.
YOUR RIGHT OF WITHDRAWAL
As a consumer you may cancel a contract always within seven (7) days after receipt of your order. In that case you will receive a full refund of the price that you have paid for the products in accordance with our return policy (see article 13 below). Your right to dissolve a contract is only applicable to products that are returned in the same state as you have received them. You also need to return all instructions, documents and packaging materials of the products. Each product that has been damaged or is not in the same state as you have received it, or that is worn, will not be refunded. The labels also may not be removed. You therefore need to apply reasonable care for the product(s) if this/these are in your possession. You do not have the right to dissolve a contract for the delivery of one of the following products:
• Products from the category “SALE”
• Products from the category “ACCESSORIES”
More information over this right by law and an explanation about how you can exercise it, has been clarified in article 13 of these TERMS AND CONDITIONS and summarized on the shipping confirmation. This clause leaves the rights by law as a consumer unaffected.
You have a withdrawal period of 7 days from the day of receipt of the article. You can get a refund but you can not redeem your purchase.
On the basis of the stipulations of article 5 above, and unless there are special circumstances, we strive to comply with your order of the product(s) that is/are stated in the order confirmation on the delivery date that is been stated in the order confirmation or, if no estimated delivery date has been given, within fifteen (15) days after the date of the order confirmation. Reasons for delay may be:
• modified items;
• unforeseen circumstances; or
• delivery area.
If we for whatever reason cannot meet with the delivery date, we will notify you hereof and offer you the option to continue with the purchase before setting a new delivery date or by cancelling the order with full restitution of the paid amount. We do not deliver on Saturdays, Sundays and Holidays. In view of the current TERMS AND CONDITIONS it is understood that the “delivery” has taken place or that the order has been delivered on the moment that there is a signature for receipt at the agreed delivery address. No deliveries take place to post boxes. Delivery takes place for as long as stock lasts.
NOT ABLE TO DELIVER
If after three attempts the goods cannot be delivered to the buyer, then the goods will subsequently be returned to the supplier, where you can collect these subsequently in the shop located at THE MÉTROPOLE SHOPPING CENTER, SOCIETY CLUB STORE 17 avenue des spèlugues 98000 Monte-Carlo or to make a new delivery date. Additional costs are fully for the account of the buyer.
TRANSFER OF RISK- AND OWNERSHIP
The risk for the products is for you from the moment of delivery. The ownership of the products is only transferred to you when we have received full payment or all due amounts with regard to the products, inclusive of delivery costs, or after delivery (as defined in article 7 above), should this be later.
PRICE AND PAYMENT
The price of the products is the price that is stated from time to time on our website, except when there is an obvious mistake. Although we do our utmost to ensure all prices on our website are accurate, errors are always possible. If we discover an error in the price of one or more products that you have ordered, then we will notify you as soon as possible and give you the option to confirm the order against the correct price or to cancel this. If we cannot contact you, then the order will be treated as if cancelled. If you already paid for the product(s) then you will receive a full refund. We are not obliged to sell the product(s) to you against the incorrect (lower) price (even not if we already sent you an order confirmation) if it is clear and unmistakably that the price is wrong and that you could have reasonably known this. The prices on our website are inclusive of VAT, and inclusive of delivery costs for deliveries within the MONACO. The delivery costs for deliveries abroad are added to the total due amount as clarified in our overview of shipping costs. Prices may change at all times but possible changes are not of influence on orders for which already an order confirmation has been sent (except in situations as stated above).
You can pay with Visa, MasterCard and American Express. In order to minimize the risk of non-authorized access, the data of your card are encoded. On the moment that we receive your order, we execute a pre-authorization on your credit card to establish whether there are sufficient funds to complete the transaction. The amount is debited to your card on the moment that your order leaves the warehouse. If you pay by PayPal the amount is debited on the moment that we confirm the order to you. By clicking on “Authorize payment”, you confirm that the credit card is yours. Credit cards are subjected to validity checks and permission by the provider of your credit card. If we do not receive the desired permission, then we are not liable for a possible delay or non-delivery and we are not able to enter into a contract with you.
CUSTOMS, DUTIES AND TAXES
- The customer is liable to ensure that the product can be imported legally in the country of destination. When an order is placed with SOCIETY CLUB, the recipient will be the registered importer who has to comply with the laws and regulations of the country of destination. The country of destination may be subject to import taxes, customs duties and levies for orders that are shipped to countries outside the European Union. The recipient of an international shipment can be subject to such import taxes, customs duties and levies, which are levied as soon as the shipment reaches the country of destination. Additional costs for clearing are borne by the recipient; SOCIETY CLUB has no control over these costs and cannot predict to how much these will amount.
2. In order to prevent that the customer is being confronted with unexpected costs, we advise the customer to contact with the local customs office and to inquire about the current costs, before placing an order.
If you wish to dissolve the contract within the period specified above in article 6, then you can return your purchase within seven (7) days to us by sending this via UPS. You are required to send the product in the same package as in which you have received it according to the directions in the section about “RETURNS” on our website. Via the website www.SOCIETY-CLUB.COM you need to report your return and to arrange yourself for shipping via UPS. We point the customer at the fact that the costs of the return shipment are not paid by SOCIETY CLUB. Shipping costs for products that reached you in a damaged state will indeed be compensated by SOCIETY CLUB. If you return the goods to us on our expenses, we are authorized to take recourse for the direct costs incurred by us on you. In case of doubt, you can contact us by sending an e-mail to INFO@SOCIETY-CLUB.COM. It is not possible to exchange or return products purchased in the web shop in a shop of SOCIETY CLUB. After we checked the product, we will let you know whether or not you are entitled to a refund. After we received the article purchased by you, we will process your refund within 30 days. Refunding takes place in the same manner as the article has been paid for. Products that are not in the same state as the state of delivery or that have been used and not only opened, are not exchanged or refunded. Exchange is only possible if it concerns the same product, with different size or colour. Return of defect products: when you are of the opinion that the product on the moment of delivery does not comply with the contract, then you need to contact us immediately via email@example.com, stating the order number and a description of the damage. Shipping costs for damaged articles will be paid for by SOCIETY CLUB.
After receipt of the returned product we will inspect it completely and notify you within a reasonable time period via e-mail about your right to replacement or refund (if applicable). We strive to process the refund or replacement within thirty (30) days after our confirmation to you by e-mail, whereby you have the right to a refund or replacement of the non-conforming product. If a defect exists, then the defective products will be fully refunded, inclusive of a refund of the delivery costs and all costs that you have reasonably made to return the item. We shall always refund money according to the method that you have used to make the payment. These stipulations do not affect your lawful rights under the regulations in force.
The non respect by the customer of the obligations subscribed under the terms of the present general conditions of sale, will be able to involve the cancellation of its customer account, without damage of all damages which could request the company SOCIETY CLUB. Consequently, SOCIETY CLUB reserves the right at any time to suspend any delivery and/or refuse any order from a customer with whom there is a dispute, whatever their nature and level of execution.
In accordance with article L. 111-1 of the Consumer Code, the SOCIETY CLUB database on its website www.society-club.com allows the customer, before concluding the sales contract, to know the essential and necessary characteristics of the product he wishes to buy.
You acknowledge and agree that any copyright, all (trade) marks and all other intellectual property rights regarding any material or the content (as part) of the website at all times lie with us or our licensors You may use this material only if you thereto have received explicit permission from us or our licensors. This does not preclude that you, in order to use website, make a copy of an order or of contract data.
COMMUNICATION IN WRITING
The applicable regulations require that certain information or communication that we send to you has to be in writing. When you use our site, you accept that the communication with us take place predominantly electronically. We shall contact you per e-mail or provide you with information by placing notifications on our website. For contractual purposes you agree with these electronic communication instruments and you acknowledge that all contracts, notifications, information and other communication that we convey to you electronically comply with the requirement by law that such communication should take place in writing. These stipulations do not affect your legal rights.
All notifications that you send us, you can direct to: INFO@SOCIETY-CLUB.COM. In accordance with and as specified in article 16 above, we can send notifications tor you via the e-mail address or postal address that you give us when you place an order. Notifications are deemed to be received and executed properly 24 hours after the sending of an e-mail. In order to prove that a notification has been done, it suffices to prove that such an e-mail has been sent to the stated e-mail address of the addressee.
We are not liable or responsible for the non or delayed compliance with our obligations under a contract if this has been caused by events that are not imputable to our fault, neither by law, legal act or that are for our account according to the views in trade (“Force Majeure situation”). A Force Majeure situation emerges from any act, event, absence of an event, or accident that is reasonable outside our control consists of in particular (without limitations) of the following:
• Strikes, exclusion of employees or other industrial actions.
• Interior disturbances, riots, invasion, terrorist attack or threat thereof, war (declared or not) or threat of or preparation for a war.
• Fire, explosion, storm, flooding, earthquake, collapse, epidemics or other natural disaster.
• Impossibility of the use of transport per train, boat, airplane, road vehicle or other public or private means of transport.
• Impossibility of the use of public or private telecommunication networks.
• Resolutions, decrees, laws, regulations or limitations by the government.
• A strike, error or accident in a transport company, postal company or another relevant enterprise.
Our performance in the basis of a contract are suspended for the period that the Force Majeure situation lasts and for the duration of this period we are authorized to extend the time for the performance of our deliverables. We shall make reasonable efforts to terminate the Force Majeure situation or to find a solution to execute our obligations according to the contract despite the Force Majeure situation.
If any of these TERMS AND CONDITIONS or any of the stipulations of a contract has been declared by a competent entity in any way invalid, unlawful or non-executable, then such a term, condition or stipulation shall be severed in such a way from the remaining TERMS AND CONDITIONS and stipulations that remain in force to the extent permitted by law.
These TERMS AND CONDITIONS and any document to which there is an explicit reference in these TERMS AND CONDITIONS constitute the entire agreement between you and us with regard to the subject of a contract and replace any previous agreement understanding or arrangement between you and us, either verbally or in writing. By concluding this contract both you and we acknowledge that neither you nor us have made a claim to any declaration, guarantee or promise that has been given by the other party or can be implicated from something that has been said or written during negotiations between you and us prior to such a contract, unless this is explicitly stated in these TERMS AND CONDITIONS. You nor we shall use a legal instrument with regard to an untrue declaration that has been issued prior to the date of a contract by the other party, either verbally, or in writing (unless such an untrue declaration has been issued in a fraudulent manner) and the only legal instrument of the other party shall be for breach of contract, as foreseen in these TERMS AND CONDITIONS.
OUR RIGHT TO CHANGE THESE TERMS AND CONDITIONS
We have the right to review and change these TERMS AND CONDITIONS from time to time. You are bound by the policy and the TERMS AND CONDITIONS that are in force on the moment that you order products from us, unless a change of this policy, these TERMS AND CONDITIONS or the privacy statement is required by law or a government entity, in which case the change is also applicable to orders that have been placed by you previously.
APPLICABLE LAW AND CHOICE OF COURT
Contracts for the purchase of products via our site are governed by the laws of Monaco. Any dispute that emerges from or relates to such contracts are subject to the non-exclusive competency of the Monacan courts. If you conclude a contract as a consumer, then nothing in this article shall affect your rights as such.
We welcome your commentary and feedback. All your feedback and remarks you can send to us via: INFO@SOCIETY-CLUB.COM