Mon Éclat Terms and Conditions
Please read these Terms and Conditions carefully and make sure that you understand them before using the Services. Please note that by using the Services, you agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you will not be able to use the Services and you should leave the Website immediately. If you continue to use the Website or if you order products, we will take this as your acceptance of these Terms and Conditions.
Understanding these Terms and Conditions
When we refer to "we", "us" or "our", we mean Mon Éclat. Where we refer to "User", "you" or "your" we mean you, the person using the Services.
These Terms and Conditions are only available in the English language. We will not file copies of the contracts between us and you relating to our supply of the Services, so we recommend that you print or save a copy of these Terms and Conditions for your records (but please note that we may amend these Terms and Conditions from time to time so please check the Website regularly, and each time you use the Services to order products, to ensure you understand the legal terms which apply at that time).
These conditions of use (the "conditions of use") regulate access and use of the website hosted under the domain name www.moneclat.com (the "website") and under any of the subdomains or dependent web pages of the same, as well as the content and services that the owner of the website makes available to its users (the "users") and established together with the privacy and cookies policy, relating to the management of the personal data of the users , the terms and conditions by which the website is governed.
The Services we offer allow you to search through the Website and purchase products. As part of the Services, we also provide ancillary services such as arranging delivery of the products, providing you with customer service assistance and payment processing
Purpose of the contract
Access to the website or its use by the user, as well as the purchase of any product, infers, and without reservation, the knowledge and acceptance of these conditions of use, therefore, it is recommended that the user reads them carefully every time you want to buy a product. The contract is terminated once the products have been delivered to the requested destination. In order to use the services, you must be over 18 years of age.
By using our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at firstname.lastname@example.org.
All orders are subject to availability of the products. In the event that, once the order confirmation has been sent, Mon Éclat for some reason did not have the requested product available, Mon Éclat will contact the user as soon as possible, to let them know the product is not available. In this case, Mon Éclat may:
- offer the user, without a price increase, a product with characteristics and specifications similar to the one originally requested, as long as the replacement product is in accordance with the user's needs.
- offer the user the option to cancel the order, refunding the amount paid within 7 business days.
Refusal to process an order
Although Mon Éclat will do its best to process all orders, there may be exceptional circumstances that force them (Mon Éclat) to reject the processing of an order after sending the order confirmation, for which reason Mon Éclat reserves the right to do so at any time.
Mon Éclat reserves the right to remove any product from the website at any time and to remove or modify any material or content thereof. Mon Éclat is not liable to the user or to any third party for the removal of any product from the website, regardless of whether the said product has been sold or not.
All the products contained in the website are original Mon Éclat. All of them have a 12-month guarantee from the order delivery date.
It will be understood that the products are in accordance with the conditions of use as long as they comply with all the requirements that are expressed below:
- they conform to the description made by Mon Éclat and possess the qualities of the product that Mon Éclat has presented to the user in the form of a sample or model.
- they are suitable for the uses that products of the same type ordinarily used.
- they are suitable for any special use required by the user when they have made it known to Mon Éclat as long as Mon Éclat has admitted that the product is suitable for such use.
- present the usual quality and benefits of a product of the same type that the user can expect, considering the nature of the product.
In the event it is proved that the product does not comply with the product specifications, Mon Éclat will proceed, when appropriate, to replace, reduce of the price or terminate the contract, all options being available to the user.
Mon Éclat is not responsible for damages to the products that may result from their misuse, as well as acts or omissions of the user that do not comply with the specifications of each product or for damages caused by third parties that are not linked to Mon Éclat.
Mon Éclat takes the utmost care in the presentation and description of the products. However, the photographs of the products are presented illustratively. In order to know the precise characteristics of each product, you must check the corresponding descriptive data that accompanies each product.
Delivery of products
Once the shipping confirmation has been sent, the products will be delivered to the address indicated by the user when placing the order within approximately two to three (2-3) business days from the day of purchase to Malta and 4-12 business days outside of Malta to European countries.
Mon Éclat assumes no responsibility when the delivery of the product does not take place as a result of the data provided by the user being false, inaccurate or incomplete or when the delivery cannot be made for reasons beyond the control of the shipping assigned company, such as the absence of the user or the retaining of the product in customs.
Delivery times are approximate, although Mon Éclat tries to adjust to them accordingly.
Please note that the delivery logistics service is being provided by us to the user. We may make a charge for these services which will be shown at checkout and prior to the purchase of the products. Shipping costs include transportation.
For deliveries not belonging to the European union, customs expenses at the destination or other taxes (tariffs) are not included; the recipient will have to pay them in cash in order to receive the merchandise. The recipient will be responsible for all import expenses and taxes that are generated at the customs office in the country of destination, whether the merchandise is delivered or not.
An attempt will be made to dispatch the order in the shortest possible time, but the recipient must consider the provisions of the country of destination for the importation of the requested items, Mon Éclat is not responsible for them. Neither will Mon Éclat be responsible for the effects produced by strikes, wars or other circumstances beyond its control (force majeure).
Mon Éclat will not be responsible for delays in customs clearance or if local authorities decide to confiscate or contain any items of a shipment.
Price and payment of the products
The prices applicable to each product are those published on the website on the date the user places the order. Despite the fact that Mon Éclat tries to ensure that all the prices listed on the website are correct, errors may occur. In the event that Mon Éclat discovers an error in the price of any of the products that a user has requested, it will inform you as soon as possible and give you the option to reconfirm the order at the correct price or to cancel it. If Mon Éclat fails to contact the user, the order will be considered cancelled and the user will be fully reimbursed for the amount paid.
Mon Éclat is not obliged to supply the user with any product sold at the wrong or lower price (even if the shipping confirmation has been sent), if the error in the price is obvious and unequivocal and could have been reasonably recognized by the user as an incorrect price.
Prices can change at any time. However, possible changes will not affect the prices of products once Mon Éclat has sent the shipping confirmation.
The user can make the payment by Visa credit or debit cards, Visa Electron, Mastercard, American Express or Paypal. To minimize the risk of unauthorized access, the user's credit card data will be encrypted. Whether the form of payment is made by credit or debit card or through Paypal, the charge will be made at the time that Mon Éclat sends the order confirmation to the user.
Value Added Tax (VAT)
The applicable vat rate will be the one legally in force at any given time depending on the specific product in question.
Returns and exchanges of products
Right of withdrawal - in accordance with the applicable regulations, in the event that the user is buying as a consumer, he/she may withdraw from the contract (except in the cases established by law) and freely return or exchange the products delivered at any time within the period of 30 calendar days from the date of delivery (the "withdrawal period").
Use of the website
Intellectual property rights belong exclusively to Mon Éclat therefore, any act of reproduction, distribution, transformation or public communication, as well as any type of transfer, of all or part of the content of the website, and in general any act of exploitation of all or part of the contents (images, texts, design, indexes, forms, etc.), as well as the databases and software necessary for the visualization or operation of the same, and any object that according to the current legislation is protectable by the rules of intellectual property.
Users may not exploit or use commercially, directly or indirectly, in whole or in part, any of the content that makes up the website without the prior written permission of Mon Éclat.
Authorization for the use of any content on the website may be requested from the email address email@example.com. The provisions of the preceding paragraphs will not imply in any case the assumption of responsibility by Mon Éclat for the content, nor may it generate the right to compensation for users or third parties.
Trademarks, trade names, names, logos, slogans or any type of distinctive sign shown on the website and belonging to Mon Éclat, and in particular, the name " Mon Éclat ", may not be used, without prior written permission of Mon Éclat.
Links to third party websites
The links contained in the website, referring to advertising or other types of content, and whose ownership or responsibility corresponds to third parties other than Mon Éclat, are not the responsibility of Mon Éclat, who in no case controls or approves the services, content, data, files, products or any kind of material existing on the page or web pages of third parties.
Therefore, Mon Éclat will not be liable, under any circumstances, for the legality of the content of said page/s, being the sole responsibility of the third party for content related to that link, especially in respect to the law, moral, good customs and public order. The existence of links does not presume a relationship of any kind between Mon Éclat and the owner of the website on which it is established.
Disclaimer of liability
Mon Éclat is cleared from any responsibility related to:
- the operation of the website, (including causes of force majeure, or any other interruptions beyond the control of Mon Éclat), that may not be fully operational, or is lacking in functionality to manage the relevant service.
- possible errors or security deficiencies that may occur due to the use, by the users, of a browser of an outdated or insecure version, as well as the activation of the devices for keeping passwords or identification codes of the registered user in the browser, or damages, errors or inaccuracies that may arise from its malfunction.
- for direct or indirect damages that may be caused by the information transmitted or communicated on the website or in its electronic communications, including technical limitation or human errors in the published data.
- damages, including but not limited to: direct or indirect, inherent or consequential damages, losses or expenses, arising in relation to this website or its use or impossibility of use by any of the parties, or in relation to with any performance failure, error, omission, interruption, defect, delay in operation or transmission, computer virus, system or line failure.
Although it uses its best efforts, Mon Éclat cannot guarantee the users continuous and uninterrupted access and use of its website.
Mon Éclat has the right to review and modify these conditions of use at any time. The user will be subject to them from the moment they accept them, except if the law or government agencies states Mon Éclat must make retrospective changes, in which case the possible changes will also affect the orders that the user had previously requested. We reserve the right to withdraw or amend our service, and any service or material we provide via service, in our sole discretion without notice. We will not be liable if for any reason all or any part of service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of service, or the entire service, to users, including registered users.
Waiver And Sever-ability
No waiver by company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.
If any provision of terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.
Contact and written communications
For any query or incident related to orders, the user must contact Mon Éclat by sending an email to the following address firstname.lastname@example.org.
Jurisdiction and governing law
These terms shall be governed and construed in accordance with the laws of Malta (MT), which governing law applies to agreement without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these terms will not be considered a waiver of those rights. If any provision of these terms is held to be invalid or unenforceable by a court, the remaining provisions of these terms will remain in effect. These terms constitute the entire agreement between us regarding our service and supersede and replace any prior agreements we might have had between us regarding Service.