Terms & Conditions
You intend to place an order of product or products (as hereinafter defined) through our website; as better specified here below, these general Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) will apply to all orders of product(s) made by you on our website. Therefore this page (together with any other document referred to and available for download on or webpage) contains the general terms and conditions that regulate the order and supply of the product or products (hereinafter referred to as “Product”) listed and available for the sale on our website www.omogene.com (the “Site”). You are requested to read these Terms and Conditions carefully before ordering any Products from the Site. As better specified hereinafter, you acknowledge that by ordering any of our available Products, you agree unconditionally to be bound by these Terms and Conditions and any other document hereby referred to. You should print a copy of these Terms and Conditions for any future reference.
1. Terms and Conditions
1.1 ALEXIS GIANNOTTI is a Monaco licenced professional registered on the number: 10P07611 and his address is: 17, avenue de l’Annonciade, 98000 Monaco; OMOGENE is a trademark deposited and registered by ALEXIS GIANNOTTI; any and all rights related to the use thereof are protected and under the exclusive control of ALEXIS GIANNOTTI. Our email for all communications related to these Terms and Conditions is: firstname.lastname@example.org
2. Personal information
Before placing an Order on our Site, you will be asked to register a personal Account and provide us with all the requested information, such as address, email and phone number, billing address and shipping address. By providing such information, you declare and accept that they will be used for the purposes of performing the Orders that you may place on our Site, and we will consider such information as valid and correct, under your sole responsibility. By placing an order through the Site, you declare, guarantee and warrant that you are at least 18 years old and that you are fully capable of placing the order through the Site individually.
3. Validity and Effect of the Terms and Conditions
3.1 These Terms and Conditions shall apply to all Orders and Contracts made or to be made through our Site for the sale, supply and delivery/shipment of our Products. When you submit an Order to us through our Site, or give any delivery instruction or accept delivery of the Products, this shall in any event constitute your full acceptance of these Terms and Conditions.
3.2 These Terms and Conditions shall prevail over any separate terms that may be set by you; any and all conditions that you may submit (other than these Terms and Conditions), propose or stipulate in whatever form and at whatever time, whether in writing, by email or orally, are expressly waived and excluded.
3.3 No other terms or changes to the Terms and Conditions shall be binding unless agreed in writing signed by us.
4. Placing an Order and payment procedures
4.1 As indicated art article 2 above, when making an Order, you must register for an Account on the Site and you must follow the instructions on the Site as to how to make your Order.
4.2 Irrespective of any previous price you have seen/read/downloaded on the Site, once you select a Product that you wish to Order, you will then be shown on the Site the price and charges you must pay including VAT, if applicable, and any applicable delivery charges. Unless otherwise stipulated on the Site, all charges are in the EUR currency. Subject to clause 4.12 below, this is the total that you will pay for receipt of the ordered Product. You acknowledge and accept that we can not calculate in advance the applicable custom duties, taxes, fees and charges, so you hereby acknowledge and accept that you will be the only and exclusive responsible for both the payment and declaration of any and all applicable custom duties, taxes, fees and charges, and you hereby undertake to pay them to the competent authorities. Normally such applicable custom duties, taxes, fees and charges will be indicated to you by the courier at the delivery, and you will pay them directly to the courier or to the competent authority that will be indicated to you. We advise you to contact your local authorities before placing an order on our Site, in order to evaluate in advance all applicable custom duties, taxes, fees and charges.
4.3 You shall pay for the Product in full at the time of ordering by supplying us with your credit or debit card details from a credit or debit card company acceptable to us, which we require as a prior condition to process your Order. Alternatively, you may pay by any method that we have said is acceptable to us, but in any event you acknowledge and accept that we shall not be bound to ship and supply any Product, before we have received full payment of your Order Price. Depending on the results of a credit check we reserve the right not to offer certain forms of payment and to refer you to our other forms of payment.
4.4 If you are asked for details of a payment card, you must be the owner of that card, and fully entitled to use that card or account. The card or account must have sufficient funds to cover the payment to us. You are the sole and exclusive responsible for the use and/or the entitlement to use that credit card, and you are the sole and exclusive responsible in case of fraud or misuse of that card, even towards third parties.
4.5 You declare and guarantee that all details provided to us for the purpose of purchasing the Product from our Site will be accurate and correct, that the credit or debit card, or account or other payment method which you use is your own and that there are sufficient funds or credit to cover and guarantee the full payment of the price and costs (including applicable taxes and shipping costs) of the Product. We reserve the right to obtain validation of your payment details before treating your Order, or in any case before shipping the Product.
4.6 As stated above, when you submit an Order to the Site, you agree that you do so subject to these Terms and Conditions. You are responsible for reviewing the latest Terms and Conditions each time you submit your Order, and by submitting the Order, you accept our Terms and Conditions without any limitation and/or condition.
4.7 You agree that you may receive invoices and credit notes in electronic form, unless otherwise expressly indicated by us. You will find details about your recent orders by login into your account via the “My Account” link.
4.8 Your Order remains valid as a simple offer to buy the Product, until we issue our Confirmation of Order.
4.9 We shall not be obliged to supply the Product until we have accepted your Order. Unless expressly stating that we accept your order, an email, letter, fax or other Acknowledgement of your Order by us is purely for information purposes and does not constitute the Confirmation of Order. In that Acknowledgement, we may give you an Order reference number and details of the Product you have ordered. We may in our discretion and without any consequent obligation or responsibility, refuse to accept an Order from you for any reason, including unavailability of Product, or we may offer you an alternative Product (in which case we may require you to re-submit your Order first).
4.10 The Contract between you and us shall be intended as finalized, and we shall be legally bound to supply the Product to you, only when we accept your Order and send you a written confirmation; this in any case will not occur before the full purchase price and costs payment has been received as indicated in paragraphs 4.3 and 4.5 above. Acceptance shall take place when we expressly accept your Order by email to you, in the form of a document called a “Confirmation of Order” stating that we are accepting your Order. Our Confirmation of Order shall be deemed to come into effect when it has been dispatched by us. Without affecting your obligation to pay us earlier, we may send an invoice to you at any time after we have accepted your Order. Until the time when we accept your Order, we reserve the right to refuse to process your Order and you reserve the right to cancel your Order. If we or you have cancelled your Order before we have accepted it, then we will promptly refund any payment already made by you or your credit or debit card company to us for the order of the Product.
4.11 If you discover that you have made a mistake with your Order after you have submitted it to the Site, please contact email@example.com immediately and give us all details of your order and the mistake done. However, we cannot guarantee that we will be able to amend your Order in accordance with your previous instructions, especially in case where the Order has already been accepted by us.
4.12 We try our best to ensure that the price given to you is accurate, but the price of your Order will need to be validated by us as part of our acceptance procedure. If the price for the Order changes before we accept your Order, we will contact you and ask you to confirm that you wish to proceed at the amended price.
4.13 A Contract will relate only to those Products whose dispatch we have confirmed in the Confirmation of Order. We will not be obliged to supply any other Products which may have been part of your Order until we have sent a Confirmation of Order in relation to those other Products.
4.14 You must only submit to us information which is accurate and not misleading and you must keep it up to date and inform us of changes.
4.15 Every care has been taken to ensure that the photographic representation, description and specification of each product is accurate. For each product selected on the Site, a summary page will appear, showing the photograph of the item, its colour and reference, the quantity selected its unit price and the total price of your order. You should check the accuracy of your selection before confirming your order. We will use our best efforts to ensure that the colours and patterns of the products whose photos are posted on the Site be faithful to the original products; notwithstanding the above, variations may occur, particularly because of the colour rendering limitations of photo and computer devices. Therefore we are unable to guarantee that the product images you see are an accurate representation of the actual merchandise, and we cannot be held responsible for errors or inaccuracies in the photographs or graphical representations of the products appearing on the Site.
4.16 We only accept payment for orders in €.
4.17 We accept payment by Visa, American Express, MasterCard.
4.18 If you choose to pay for an item using a payment card with a foreign currency denominated account, the account will still be taken in € at the conversion rate applied by the relevant payment scheme at the time of processing your order.
4.19 You acknowledge and accept that we cannot guarantee the security of your credit card or other payment account data which you send us by email or that you log into the system on our Site.
4.20 Unless we are fraudulent or negligent we will not be liable to you for any losses caused as a result of unauthorised access to the personal and transactional information you provide us when placing an order.
5.1 We aim to deliver the Product to you at the place of delivery requested by you in your Order.
5.2 We aim to deliver within the time indicated by us at the time of your Order. We always aim to deliver within 5 working days from the date of any Order which we accept in Europe, and 12 working days for international delivery, but we cannot guarantee any firm delivery dates. By accepting these Terms and Conditions, you waive any and all complaint, demand or request related to any delay of the delivery of the Product that you have ordered.
5.3 We shall aim to let you know if we expect that we are unable to meet our estimated delivery date, but, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
5.4 On delivery of the Product, you may be required to sign for delivery. You agree to inspect the Product for any obvious faults, defects or damage before you sign for delivery. You need to keep receipt of the delivered Product in case of future discussions with us about it.
5.5 We ship and deliver the Product only to the countries and regions indicated in our Site. However, it may take a few days extra for shipments to be delivered to remote post codes; also shipping costs and customs may vary for countries where we do not normally ship. Shipping methods and relevant costs will be indicated on the Site, or at the end of your order process. As indicated at 4.2 we are not responsible for any and all applicable custom duties, taxes, fees and charges that shall be at your exclusive charge.
5.6 We deliver in our standard packaging. Any special packaging requested by you and accepted by us in the Confirmation of Order is subject to additional charges.
5.7 All risk in the Product shall pass to you upon delivery. From the time when risk passes to you, we will not be liable for loss or destruction of the Product and/or for damages caused by the Product to you or third parties, deriving by its misuse.
5.8 You must take care when opening the packaging that we send you containing the Product so as not to damage it, particularly when using any sharp instruments; you shall be the sole responsible for any damage caused to the Product by a mistake in the phase of un-packaging procedure
5.9 You shall ensure that you are ready for safe receipt of the Product without undue delay and at any time reasonably specified by us.
5.10 If you are not available to take delivery or collection, our courier or the courier company appointed by us may leave a card giving you instructions on either re-delivery or collection from the carrier. You are responsible for following such instruction correctly and you waive any complaint, demand or request against us for any possible liability thereof (including loss of the products, and extra fees and charges for deposit of the Product at the carrier, as indicated below at 5.11)
5.11 If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within two weeks of our first attempt to deliver the Product to you) accept delivery or collect the Product from the carrier, then we may (without affecting any other right or remedy available to us) do either or both of the following:
- a) charge you for all storage fee and other costs reasonably incurred by us or by our courier or carrier; or
- b) no longer make the Product available for delivery or collection and notify you that we are immediately cancelling the applicable Contract, in which case we will refund to you or your credit or debit card company as applicable any money already paid to us under the applicable Contract, less all applicable administration charges (including for attempting to deliver and then returning the Product, and any storage fees as provided for in clause 5.11(a) above) and a penalty fee equal to 50% of the price of the Product, for covering all expenses occurred.
5.12 It is your responsibility to ensure that the Products are sufficient and suitable for your purposes and meet your individual requirements. We do not warrant that the Products will meet your individual requirements. You acknowledge that the Products are standard and not made bespoke to fit any particular requirements that you may have.
6. Cancellation by us
6.1 We may cancel a Contract at our discretion and with no further obligation other than the refund of all costs advanced by you, if the Product is no longer available for any reason after your Order. We will notify you if this is the case and return any payment that you have made.
6.2 We will usually refund any money received from you using the same method originally used by you to pay for the Product.
7. Cancellation by you – right of retraction
7.1 Subject to the rest of this clause 7, irrespective of your other rights for faults with the Product, you may cancel a contract and return any delivered Product to us for any reason at all if you are not happy with it, provided that you must have notified us in writing within 14 days of delivery of the Product that you wish to cancel the applicable contract and to return the Product at our risk. The notice must be sent in writing to:
Your notice shall be deemed to have been given on the same day on which it was sent (if by email or fax), or on the 7th day after which it was sent (by registered mail).
Once you are in the possession of the Product you are under the responsibility and duty to retain them and take reasonable care of them. The Product must be returned to us in its original condition and packaging - although your statutory rights as a consumer will not be affected, the goods are secondary hand without the packaging - otherwise your cancellation will be refused by us.
After the receipt of the notice of cancellation, your cancellation request will be treated by us and we will send you by email all the instructions on how to proceed, also for returning the Product to us.
7.2 Once you have notified us that you wish to cancel the contract, any sum debited to us will be refunded to you as soon as possible and in any event within 30 days of your cancellation.
7.3 In the case of a product purchased with gift vouchers or promotional vouchers, we reserve the right to refund any amounts due to you for cancelled and returned products by crediting your account with the value of the order.
8. Faulty Products and returns
8.1 We will use our best efforts to ensure that:
- a) the Product will be shipped undamaged in the quantities ordered; and
- b) the Product will conform with the manufacturer's latest published instructions as set out on the Site or in our Product material at the time of your Order. The guarantee and liability of the compliance of the Products sold on our Site with all applicable laws and regulations will remain exclusively and solely of the Producer.
8.2 The Product is intended to be used strictly in accordance with the manufacturer's latest published instructions as set out on the site, or as on the Product itself. It is your responsibility to ensure that you use the Product strictly in accordance with those instructions and in nay case for the use it is meant to be made for.
8.3 Before delivery, we may make minor adjustments to material, colour, weight, measurements, design and other features to the extent that they are reasonable.
8.4 We try very hard to deliver Product in excellent condition. However, if you tell us that the Product is faulty, you agree to keep the Product in its current condition available for us (or our agent) to inspect within a reasonable time.
8.5 In order to provide you with any remedies for a faulty Product, we may need your assistance and prompt provision of certain information regarding the Product, including:
- a) you specifying with reasonable detail the way in which it is alleged that the Product is damaged or defective; and
- b) you providing us with the delivery note number and such other information as we reasonably require.
8.6 If you would like us to replace or provide a refund for the Product where it did conform to the applicable Contract, and we find that the Product has:
- a) been misused, abused or subjected to neglect, improper or inadequate care, carelessness, damage or abnormal conditions; or
- b) been involved in any accident or damage caused by an incorrect attempt at modification or repair; or
- c) been dealt with or used contrary to our or the manufacturer's instructions for the Product; or
- d) deteriorated through normal wear and tear, after delivery by us, we may at our discretion decide not to replace or refund you for the Product and/or we may require you to pay all reasonable carriage costs and servicing costs at our current standard fees and costs and charge this to your credit or debit card, or the payment details that you provided to us when you made your Order, and, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses as a result; we will not be obliged to any replacement or refund
8.7 Products must be returned in their original condition and packaging with a copy of the invoice: therefore please return them unused in their original packaging, with all labels and garment tags still attached within 14 days of receipt of your goods, to the following address:
17, avenue de l’Annonciade
8.8 The shipping and return will be at your expense.
8.9 Damaged or incomplete items will not be accepted and will be returned in good condition, at your expense.
8.10 The personalized items or goods which have been made to a customer's specification may not be returned.
9.1 You may use promotional vouchers and gift vouchers as payment for Products on the Site. Specific details for promotional vouchers are at clause 9.8 and for gift vouchers at clause 9.9.
9.2 To redeem vouchers in your Account or check an existing credit, please visit "My Account" on the Site.
9.3 We may email gift and promotional vouchers to you. Subject to clause 11.2, we accept no liability for errors in the email address of the voucher recipient.
9.4 If you have a gift or promotional voucher, that voucher can be used by someone other than you and you can assign your rights to use that voucher.
9.5 In the event of fraud, an attempt at deception or in the event of the suspicion of other illegal activities in connection with a gift voucher purchase or redemption of that voucher on the Site, we are entitled to close your Account and/or require a different means of payment.
9.6 We assume no liability for the loss, theft or illegibility of gift or promotional vouchers.
9.7 Promotional vouchers (if applicable)
- a) We may release promotional vouchers that may be used on the Site, which we will send to you by email. Promotional vouchers can only be redeemed on the Site.
- b) Promotional vouchers are valid for the specified period stated on them only, can only be redeemed once and cannot be used in conjunction with other promotional vouchers. Individual brands may be excluded from voucher promotions.
- c) The credit of a promotional voucher cannot be used to pay for products from third parties other than us.
- d) If you place an Order for a Product less than the value of the promotional voucher, no refund or residual credit will be returned to you.
- e) The credit of a promotional voucher does not accrue interest nor does it have a cash value.
- f) If the credit of a promotional voucher is insufficient for the Order you wish to make, you may make up the difference through payment.
9.8 Gift vouchers
- a) You may purchase gift vouchers for use on the Site by you or other Customers. These gift vouchers will be sent by email.
- b) Gift vouchers can only be redeemed on the Site.
- c) Gift vouchers cannot be used to buy further gift vouchers. Gift vouchers may only be purchased through debit or credit card.
- d) The credit of a gift voucher does not accrue interest nor does it have a cash value. Gift voucher can only be redeemed before the end of the ordering process. A subsequent settlement is not possible.
- e) An order for a gift voucher can be cancelled by contacting us by email at firstname.lastname@example.org at any time before the gift voucher has been redeemed. A voucher is considered to have been redeemed if it is used as payment in placing an Order.
- f) If the credit of a gift voucher is insufficient for the Order you wish to make, you may make up the difference through ordinary payment accepted by us.
- g) You may use as many gift vouchers as you wish in paying for an Order, and gift vouchers may be used in conjunction with one promotional voucher per Order.
10. Limitation of Liability
10.1 This clause 10 prevails over all other clauses and sets forth our entire Liability, and your sole and exclusive remedies, for:
- a) the performance, non-performance, irregular performance or delay in performance of these Terms and Conditions or a Contract or the Site (or any part of it or them); or
- b) otherwise in relation to these Terms and Conditions or the entering into or performance of these Terms and Conditions.
10.2 Nothing in these Terms and Conditions shall exclude or limit:
- a) our Liability for (i) fraud; (ii) death or personal injury caused by our Breach of Duty; (iii) any breach of the obligations implied by applicable laws and regulations; or (iv) any other Liability which cannot be excluded or limited by applicable law; or
- b) your statutory rights as a consumer.
10.3 In performing any obligation under these Terms and Conditions, our only duty is to exercise reasonable care and skill.
10.4 Subject to clause 10.2:
- a) we do not warrant and we exclude all Liability in respect of the accuracy, completeness, fitness for purpose or legality of any information accessed using the Site; and we exclude all Liability of any kind for the transmission or the reception of or the failure to transmit or to receive any material of whatever nature; and
- b) you should not rely on any information accessed using the Site to make a purchasing decision – you should make your own enquiries before forming your own opinion and taking any action based on any such information.
10.5 Save as provided in clauses 10.2, we do not accept and hereby exclude any Liability for Breach of Duty other than any such Liability arising pursuant to the provisions of these Terms and Conditions.
10.6 Save as provided in clause 10.2, we shall have no Liability for:
- a) loss of revenue;
- b) loss of actual or anticipated profits;
- c) loss of contracts;
- d) loss of the use of money;
- e) loss of anticipated savings;
- f) loss of business;
- g) loss of operation time;
- h) loss of opportunity;
- i) loss of goodwill;
- j) loss of reputation;
- k) loss of, damage to or corruption of data; or
- l) any indirect or consequential loss;
and such Liability is excluded whether it is foreseeable, known, foreseen or otherwise. For the avoidance of doubt, clauses 10.6(a) to 10.6(l) apply whether such losses are direct, indirect, consequential or otherwise.
10.7 Save as provided in clause 10.2:
- a) our total Liability under any Contract shall in no circumstances exceed, in aggregate, a sum equal to the greater of: i) EUR 100; or ii) in any case at maximum the 110% of the value of the relevant Product and Contract under which the cause of action arises; and
- b) our total Liability to you or any third party shall not in any other circumstances exceed, in aggregate, a sum equal to the greater of: i) EUR 100; or ii) in any case at maximum the 110% of any aggregate amount paid by you to us in the 12 months preceding any cause of action arising.
10.8 The limitation of Liability under clause 10.7 has effect in relation both to any Liability expressly provided for under these Terms and Conditions and to any Liability arising by reason of the invalidity or unenforceability of any term of these Terms and Conditions.
10.9 In these Terms and Conditions:
- a) “Liability” means liability in or for breach of contract, Breach of Duty, misrepresentation, restitution or any other cause of action whatsoever relating to or arising under or in connection with these Terms and Conditions, including, without limitation, liability expressly provided for under these Terms and Conditions or arising by reason of the invalidity or unenforceability of any term of these Terms and Conditions (and for the purposes of this definition, all references to “these Terms and Conditions” shall be deemed to include any collateral contract); and
- b) “Breach of Duty” means the breach of any (i) obligation arising from the express or implied terms of a contract to take reasonable care or exercise reasonable skill in the performance of the contract (but not any stricter duty).
10.10 The products sold on our Site are complying with EU legislation. It is your sole and exclusive responsibility to check with the local authorities in your country the possibility to order, import and/or use such products.
11.1 We shall perform our obligations under these Terms and Conditions with reasonable skills and care.
11.2 We place great value on our customer satisfaction. You may contact us at any time using the contact details given in clause 1.1 of these Terms and Conditions. We will attempt to address your concerns as soon as reasonably possible and will contact you on receipt of any relevant enquiry or complaint. In guarantee cases, the manufacturer frequently must be involved, and as such it may take longer to resolve such an enquiry or complaint.
11.3 In the event of a complaint it will help us if you can describe the object of your complaint as accurately as possible and, where applicable, send us copies of the Order or at least the order number that we assign you in the Acknowledgement or Confirmation of Order. Should you not have received any reaction from us within five Business Days, please make further enquiries. In rare cases your emails may be caught up in our spam filters or not reach us, or correspondence that we send to you may otherwise not have reached you.
12. Data protection
13. Force Majeure
13.1 We shall not be liable to you for any breach, hindrance or delay in the performance of a Contract attributable to any cause beyond our reasonable control, including without limitation any Act of God, actions of third parties (including without limitation hackers, suppliers, governments, quasi-governmental, supra-national or local authorities), insurrection, riot, civil commotion, war, hostilities, warlike operations, national emergencies, terrorism, piracy, arrests, restraints or detainments of any competent authority, strikes or combinations or lock-out of workmen, epidemic, fire, explosion, storm, flood, drought, weather conditions, earthquake, natural disaster, accident, mechanical breakdown, third party software, failure or problems with public utility supplies (including electrical, telecoms or Internet failure), shortage of or inability to obtain supplies, materials, equipment or transportation ("Event of Force Majeure"), regardless of whether the circumstances in question could have been foreseen.
13.2 Either you or we may terminate a Contract forthwith by written notice to the other in the event that the Event of Force Majeure lasts for a period of two Business Days or more, in which event neither you nor we shall be liable to the other by reason of such termination (other than for the refund of a Product already paid for by you and not delivered).
13.3 If we have contracted to provide identical or similar Products to more than one Customer and are prevented from fully meeting our obligations to you by reason of an Event of Force Majeure, we may decide at our absolute discretion which contracts we will perform and to what extent.
14. Remedies for Default
14.1 If you:
- a) are in breach of any or your obligations under a Contract; or
- b) give notice to any of your creditors that you have suspended or re about to suspend payment or if you shall be unable to pay your debts within the meaning of your own country insolvency laws, or an order is made or a resolution is passed for your winding-up or an administration order is made or an administrator is appointed to manage your affairs, business and property or a receiver and/or manager or administrative receiver is appointed in respect of all or any of your assets or undertaking or circumstances arise which entitle the court or a creditor to appoint a receiver and/or manager or administrative receiver or administrator which entitle the court to make a winding-up or bankruptcy order or you take or suffer any similar or analogous action in consequence of debt in any jurisdiction;
we may terminate the applicable Contract immediately by giving you a notice thereof in writing and retain any advance payment and you shall indemnify us against all claims, losses, damages, liabilities, costs and expenses of whatsoever nature resulting from any such termination and all sums due to us from you shall become immediately payable.
14.2 Termination of a Contract shall be without prejudice to any accrued rights or remedies of either you or us. Termination of a Contract will not affect the coming into force or continuance in force of any provision which is expressly or by implication intended to come into or continue in force on or after such termination.
15.1 Any notice under a Contract shall be in writing and may be served by personal delivery or by pre-paid or recorded delivery letter or by email addressed to the relevant party at the address or email address of the relevant party last known to the other.
15.2 Any notice given by post shall be deemed to have been served 7 Business Days after the same has been posted. Any notice given by email shall be deemed to have been served on the same day when it was sent, or when the email has been proved to be received by the recipient’s server. In proving such service it shall be sufficient to prove that the letter or email was properly addressed and, as the case may be, posted as a prepaid or recorded delivery letter or despatched or a delivery report received.
16. Advertising on the Site and Intellectual Property
16.1 We shall use our reasonable endeavours to comply with any relevant regulations relating to the advertising activities Site.
16.2 All texts, comments, works, illustrations and images reproduced on the Site are our company’s reserved rights under copyright. Any unauthorized use constitutes infringement and is punishable under the law.
Total or partial reproduction of our catalogues is strictly prohibited. All relevant intellectual property rights are reserved.
17.1 We shall keep a record of your Order and these Terms and Conditions until five years after we have accepted your Order. However, for your future reference, we advise you to print and keep a copy of these Terms and Conditions, your Order, the Acknowledgement and the Confirmation of Order.
17.2 No failure or delay by us or you in exercising any right under these Terms and Conditions or a Contract shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our or your rights under these Terms and Conditions or a Contract.
17.3 If any clause in these Terms and Conditions or a Contract shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as these Terms and Conditions or a Contract shall be capable of continuing in effect without the unenforceable term.
17.4 You shall not assign, transfer, novate, charge, sub-contract, create any trust over or deal in any other manner with these Terms and Conditions or a Contract or all or any of your rights or obligations under these Terms and Conditions or a Contract.
17.5 Nothing in these Terms and Conditions or a Contract shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between you and us.
17.6 No person who is not a party to these Terms and Conditions or a Contract shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to these Terms and Conditions or that Contract its assent to any such term.
17.7 These Terms and Conditions and a Contract (and all non-contractual obligations arising out of or connected to them) shall be governed and construed in accordance with Monaco Law. Both we and you hereby submit to the non-exclusive jurisdiction of the Monaco Courts. All dealings, correspondence and contacts between us shall be made or conducted in the English language.
18. Amendment to the General Business Terms and Conditions
We reserve the right to amend these Terms and Conditions at any time and at our discretion, without any consequent obligation of notifying you thereof. All amendments to these Terms and Conditions will be posted on-line. However, continued use of the Site will be deemed to constitute acceptance of the new Terms and Conditions.
You can find and download these Terms and Conditions at all times on our Site.