- INTRODUCTION
This document (and all documents mentioned hereinafter) sets out the general terms of use of this website (www.monaco-grandprix.com, www.boutiqueacm.com) and the general terms for purchase of products through it (hereinafter the “Terms”).Please read these Terms, and our policy regarding cookies and our Confidentiality policy (hereinafter the “Data Protection Policies”), attentively before using this website. By using this website or by passing an order on it, you accept to be bound by these Terms and by our Data Protection Policies. If you do not accept all the Terms and Data Protection Policies please do not use this website.
These Terms may be amended. It is your responsibility to examine them regularly, since the applicable terms will be those in force when use is made of this website, or when the Contract is concluded (as described hereinafter).
For all questions concerning the Terms or the Data Protection Policies, please contact us by completing the form for this purpose.
- OUR CONTACT DETAILS
Sale of products through this website is undertaken under the name “MONACO GRAND PRIX”, “BOUTIQUE ACM” by ACM Sport & Marketing, SAM [Monegasque Joint-stock Company] with capital of €155,000, having its registered office at 23 Bd Albert 1er, 98 000 MONACO, registered in Monaco RCI [Directory of Trade and Industry] as number 99S3587, with the following intra-EU VAT number: FR 54 0000 63064, which can be reached at the following email address: [email protected], at the telephone number +377 97 70 45 35 (Calls not subject to additional charge, except for any which may be charged by your operator).
- YOUR CONTACT DETAILS AND YOUR VISITS TO THE WEBSITE
Personal information and data which you communicate to us will be processed according to the Data Protection Policies. By using this website you give your agreement to the processing of this data and details, and you declare that all the data or details provided are truthful and accurate.
- USE OF OUR WEBSITE
By using this website and passing orders on it, you undertake:
- To use this website only to examine it or to pass legally valid orders.
- Not to pass false or fraudulent orders. If we have reasons to believe that such an order has been passed, we shall be authorised to cancel it, and to inform the competent authorities thereof.
- To provide us with your email address, your postal address and/or other correct and accurate contact details. Similarly, you authorise us to use this data in order that we are able to contact you in connection with your order, if required. We undertake not to sell, give or exchange any of your contact data. You will not be able to pass an order if you do not send us all the required data. By passing an order on this website you confirm that you are at least 18 years old and that you have legal capacity to conclude contracts.
- APPROVAL OF THE CONTRACT
To pass an order you must follow the online purchasing procedure, and click “Authorise payment”. You will then receive an email confirming that your order has been accepted (hereinafter the “Order Confirmation”). You will also be informed by email that your order has been shipped.
- AVAILABILITY OF PRODUCTS
All product orders are subject to availability of these products. Thus, in the event of difficulties of supplies, or if the products are no longer in stock, we shall reserve the right to inform you that you have the option of ordering replacement products of an identical or higher quality or value. If you do not wish to order these replacement products, we shall refund to you any sums which you have paid.
- REFUSAL TO PROCESS AN ORDER
We reserve the right to remove any products from this website at any time, and to replace or amend all content or information contained in it. Although we strive to the best of our ability to respond optimally to all orders, exceptional circumstances can arise, such as a problem relating to manufacture or stock, or a payment incident, which may oblige us to refuse to process an order, after we have sent the Order Confirmation to you. We reserve this right at all times. In this eventuality, if the payment has already been made, we shall refund to you all sums paid, including the delivery costs, as rapidly as possible, using the same payment method as the one used by yourself for the transaction. Such a repayment will never give rise to any costs payable by you.
We cannot be held liable, towards you or any other third party, for removal of a product from this website, for removal or modification of an item of equipment or content contained in it, or for non-processing of an order after the Order Confirmation has been sent.
- DELIVERY
Subject to the provisions of the above-mentioned clause 6 relating to product availability, and except in exceptional circumstances, we shall strive to deliver to you the product(s) included in the Shipment Confirmation before the period stated on this same Shipment Confirmation or, if no date is indicated, within the indicative period given when the choice of delivery method was made, and, in all cases, within a maximum period of 30 days from the date of the Order Confirmation.
Delays can however occur in the event of unexpected circumstances, or for reasons relating to the delivery location.
If we are unable to comply with the delivery date for any reason whatsoever, we shall inform you thereof, and shall offer either to continue the purchase process with a new delivery date, or to cancel your order and to repay the entire sum paid by you.
For the purpose of these Terms, “delivery” shall be considered as having been made, or the order shall be considered as having been “delivered”, when you or a third party designated by you is in physical possession of the products.
- INABILITY TO DELIVER
If it proves impossible to deliver your order, and depending on the chosen delivery method, a notice informing you of the location where your order is held, and the procedure to follow to recovery it or to order a new delivery, will be given to you.
If you are not present at the delivery location at the agreed time, please contact us to organise delivery at a later date.
If the order has still not been able to be delivered, for reasons which are not attributable to us, after a period of 30 days after the date on which your order was available for delivery, we shall consider that you wish to terminate the Contract and it will be terminated.
As a consequence of the termination of the Contract, we shall repay to you all sums paid, including the delivery costs (except for additional costs relating to the choice of delivery method other than the standard delivery method which we offer you, the latter being the least expensive method), as rapidly as possible and, in all cases, within a period of 14 days from the time when the Contract is considered to be terminated.
Please bear in mind that we shall be authorised to bill you for any additional shipping costs inherent to termination of the Contract.
- TRANSFER OF RISKS AND OF OWNERSHIP OF THE PRODUCTS
You will assume the risks relating to the products from the time of delivery, as defined in clause 8 hereinbefore.
Ownership of the products will be transferred to you only on receipt of payment in full of the sums due, including the delivery costs, or on delivery (as defined in clause 8 hereinbefore) if it is made on a date subsequent to payment.
- PRICE AND PAYMENT
The price of the products will be the price stated at any time on our website, except in the event of a manifest error.
Errors can occur despite all our efforts to ensure that the prices stated on the website are accurate.
If we identify an error in the price or the product(s) which you have ordered, we shall inform you thereof as rapidly as possible, and shall offer either to confirm your order at the correct price, or to cancel this order. If we are unable to contact you the order will be considered to be cancelled, and we shall repay all sums paid to you.
We are not obliged to sell a product at an erroneous lower price (even after we have sent you a Shipment Confirmation, if the error is manifestly and unambiguous, and if you are reasonably able to identify it as such. The prices shown on our website include VAT, but exclude delivery costs, which are added to the total sum payable.
Prices can be amended at all times. However, no amendment will have any effect on orders regarding which a Shipment Confirmation has already been sent, except in the cases described hereinbefore.
After you have chosen all the products you wish to purchase they will be added to your basket.
We shall then process your order and you will be asked to make the payment. For this purpose, you must follow the various stages of the purchase process, giving or checking the required information at each step. During the purchase process you always have the option of modifying the data relating to your order before making payment. In addition, if you are registered as a user in our system, all data relating to the orders which you have passed on our website is available in the section “My account”.
You can make payment using the following bank cards: Visa, Mastercard, American Express and Visa Electron.
Your card data will be encrypted to reduce any risk of unauthorised access. When your order has been passed we shall issue a request for pre-authorisation of deduction by bankcard, in order that we can be sure that you have sufficient funds to make the transaction. The corresponding value will be deducted from your card when the products in your order leave our warehouse.
By clicking “Authorise payment”, you confirm that the credit card belongs to you, or that you are the legitimate holder of the gift card or purchase voucher.
Credit cards are subject to validity checks, and to authorisation by the organisation issuing these cards. If we do not receive the required payment authorisation we shall not be held liable for any delay or failure to deliver the products, and we shall not be able to conclude a Contract with you.
An invoice in electronic format will be made available on our website in the section “My account”, which you accept.
- PURCHASE OF PRODUCTS AS A GUEST
The site also gives you the possibility of purchasing products as a guest. When you use this purchase method, you are obliged to provide only the data required to process your order. When the purchase process is complete you are asked to register as a user, or to continue as an unregistered user.
An invoice in electronic format will be made available if you click on the link in the email confirming your order.
- VALUE ADDED TAX
Purchases via this website are subject to value added tax (VAT) at the rate legally in force on the date of the sale.
- POLICY REGARDING EXCHANGES/RETURNS
14.1 – Legal right of withdrawal
Right of withdrawal
As a consumer you have the right to withdraw from the Contract within a period of 7 clear days without giving any reason. The withdrawal period expires after the period of 7 clear days after the date on which you or a third party other than the carrier that you have designated obtains physical possession of the products or, where there are several products forming part of a single order, but delivered separately, 7 clear days after the date on which you or a third party other than the carrier that you have designated obtains physical possession of the last ordered product.
To exercise your right of withdrawal, please inform us thereof in the form of an unequivocal written declaration, in particular by means of an email to the following address: [email protected] or
by telephone to +377 97 70 45 35 (Calls not subject to additional charge, except for any which may be charged by your operator) or by completing the contact form.
The withdrawal period is observed if you send your letter informing us of your decision to exercise your right of withdrawal before expiry of this withdrawal period.
Effects of withdrawal
If you decide to withdraw from the Contract, we shall repay to you all sums paid, including the delivery costs (except for additional costs relating to the choice of delivery method other than the standard delivery method which we offer you, the latter being the least expensive method), as rapidly as possible. The repayment method will be the same as the payment method you used when you made the initial transaction. Such a repayment will never give rise to any costs payable by you. Irrespective of the foregoing, we may delay repayment until we have received the returned products, or until you have produced proof that they have been returned. The earlier of these two dates shall be used.
Please return the products in question as rapidly as possible, and in any event within a period of 14 days of communication of your decision to withdraw from this Contract.
The period is observed if you return the product to us before the 14-day period has expired. Direct costs incurred as a consequence of the return of the products will be payable by you.
You are liable only with regard to a depreciation of the value of the products resulting from handling operations other than any which are required to ascertain the nature, characteristics and operation of these products.
14.2 – Contractual right of withdrawal
In addition to the legal right of withdrawal granted to consumers, mentioned in clause 14.1 hereinbefore, you have the possibility of returning any product to us within a period of 30 days of the date of the Confirmation of shipment of the order.
If products are returned under the contractual right of withdrawal after expiry of the legal withdrawal period, the repayment will relate only to the value paid for these products.
The delivery costs will not be repaid to you. You can exercise your legal right of withdrawal pursuant to the provisions stipulated in clause 14.1 hereinbefore. However, if you inform us of your decision to withdraw from the Contract after expiry of the legal withdrawal period you must in all cases return the products to us within a period of 30 days from the Shipment Confirmation.
14.3 – Returns of defective products
If you consider that the product is not compliant with the Contract when it is delivered, you must contact us immediately using the form for this purpose, informing us of the characteristics of the product in question, and the nature of the defect; you can also call us at +377 97 70 45 35 (Calls not subject to additional charge, except for any which may be charged by your operator). We shall then inform you of the procedure to be followed. Or you can contact us at [email protected].
We shall examine the returned product in detail, and shall inform you by email, within a reasonable period, whether the product can be exchanged, or whether you are entitled to a reimbursement (if applicable).
We shall make the reimbursement or exchange the product as rapidly as possible and, in all cases, within a period of 14 days after the date on which we have confirmed to you by email that you are entitled to a reimbursement or to an exchange of the product in question.
If a defect or damage is established, the returned products will be reimbursed in full, including the delivery costs which you have paid and the costs incurred for the return. The repayment method will always be the same as the payment method used for your purchases.
All rights which you hold under the regulations in force will be always be protected.
14.4 – « Change of size »
Notwithstanding the provisions of article 15.1, if you consider that the size of the item which you have purchased is not suitable for you, independently of your legal and contractual rights of withdrawal, you can ask for this item to be changed. When the change of size request has been made and the return method selected, you can return the item. You must always return the product as rapidly as possible, and in all cases within a maximum period of 14 calendar days after the change request on the website. Neither of these two options will give rise to any additional cost for you.
Please note that 14 days after the change of size request, if you have not returned the item which was purchased first, the request will be refused.
- LIABILITY AND NON-LIABILITY CLAUSES
Under these Terms we cannot be held liable if a failure to perform our obligations is attributable to an action of a third party, a fault by yourself or an event of force majeure as defined by case law.
Notwithstanding the foregoing, our liability cannot be excluded or limited in the following cases:
- death or bodily injury caused by our negligence;
- fraud or criminal malice; or
- all cases in which it would be illegal or contrary to law to exclude, to limit, or to attempt to exclude or limit, our liability.
Due to the open nature of this website and the possibility that errors may occur in terms of storage or transmission of digital data, we do not guarantee either the accuracy or the security of the data transmitted or obtained by means of this website, subject to any express indications to the contrary.
All documents, descriptions and information contained in this website are provided “as is”, and are not covered by any guarantee, whether explicit or implicit, except for the guarantees provided by law.
Thus, if you are a party to the Contract as a consumer, we are obliged to deliver to you products in accordance with the contractual provisions, and we are liable towards you in the event of a lack of compliance observed at the time of delivery.
Products are considered to be compliant with the contractual provisions if all the following conditions are met: (1) they must match the description which we have given and must have the characteristics which we have explained on this website;
(2) they must be appropriate for the purposes for which the products of this type are generally designed; (3) they must satisfy the criteria of quality and of yield which are generally accepted for products of the same type, and which can reasonably be expected.
- INTELLECTUAL PROPERTY
You acknowledge and accept that all copyrights, all registered trademarks and all other intellectual property rights relating to all data and content included in this website will be, at all times, our property, or the property of those parties which have granted us the licence. You can make use of this data only if you are expressly authorised to do so, by ourselves or by the parties which have granted the licence. This does not prevent you from using this website to copy data required for your order or for your identification data.
- VIRUSES, HACKING AND OTHER COMPUTER CRIMES
You must not use the website abusively by intentionally introducing viruses, Trojans, worms, logic bombs or other technologically malicious or harmful instruments. You must not attempt to access this website, or the server on which this website is hosted, or any server, computer or database relating to our site, without authorisation.
You undertake not to attack this website by a denial service or distributed denial of service attack.
Any breach of this clause constitutes an offence under the regulations applicable in this area. We shall inform the competent authorities of such a breach, and we shall cooperate with them to discover the identity of the computer hacker. Similarly, if this clause is breached you will immediately cease to be authorised to use this website.
We decline all liability in the event of loss or harm resulting from a denial of service attack, a virus or any other technologically malicious or harmful instrument or item of equipment, caused to your computer, your equipment, your data or your information following use of this site, or after you have downloaded files from it or files from other sites to which this site has directed you.
- LINKS ON OUR WEBSITE
If our website contains links to other sites and third-party data, these links will be provided for information only, and we have no control over the content or data of these sites. Consequently, we decline all liability in the event of loss or harm resulting from use of these links.
- COMMUNICATIONS IN WRITING
By virtue of the applicable regulations, we are obliged to send you certain data or communications in writing. By using this website you accept that your communication with us is made principally by electronic means. We shall contact you by email, or shall inform you by means of alerts displayed on our website.
For contractual purposes, you give your agreement to use of these electronic communication means, and you accept that all contracts, advertisements, information and other messages which we send you by electronic means are compliant with the legal provisions requiring that such communications are expressed in writing. This provision does not alter your rights.
- NOTIFICATIONS
In preference, please use our contact form to send us your notifications. Unless otherwise stated, in accordance with the provisions of clause 20 hereinbefore, we can send you notifications to the email or postal address which you have communicated to us when you passed your order.
It is understood that notifications will be correctly sent and received at the exact time when they are published on our website, 24 hours after an email has been sent, or three days after the date of the postal stamp of all letters. To prove that a notification has indeed been sent, it will be sufficient to demonstrate, in the case of a letter, that the address was written correctly, and that stamps of the correct value were affixed, and that it was posted; in the case of an email, it will be sufficient to demonstrate that the latter was indeed sent to the email address given by the addressee.
- TRANSFER OF RIGHTS AND OBLIGATIONS
The Contract is constrictive for the parties, and for their respective successors, assignees and beneficiaries.
You will not be able either to transfer, assign, encumber or transfer in any other manner a Contract or one of the rights or obligations arising from it unless you have obtained our prior, written consent.
We can transfer, assign, encumber, subcontract or transfer in any other manner a Contract, or one of the rights or obligations arising from it, at any time during the term of validity of the Contract. For the avoidance of all ambiguity, these transfers, assignments, charges and other transfers will not impair any rights which you may have by law as a consumer, and will not constitute any limit, restriction or exclusion of any explicit or implicit guarantees which we may have given you.
- FORCE MAJEURE
We shall not be held liable for any failure to perform or any delay in performing our contractual obligations caused by events beyond our reasonable control (hereinafter “Force Majeure”) as defined by case law.
It is understood, firstly, that our contractual obligations shall be suspended for as long as the case of Force Majeure lasts and, secondly, that our performance periods for the purpose of meeting these obligations shall be extended for a term equivalent to that of the case of Force Majeure. We shall strive as far as possible to cause the case of Force Majeure to cease, or to find a solution enabling us to perform our contractual obligations despite the case of Force Majeure.
- RIGHTS OF WAIVER
If we cease to demand that you perform strictly your obligations under the Contract or one of these Terms, or if we do not exercise the rights or remedies to which we are entitled under this Contract or one of these Terms, this will not in any circumstances constitute a waiver or limitation of these rights or remedies, and will not dispense you from complying with your obligations.
No waiver on our part of a specific right or remedy will constitute a waiver of the other rights or remedies arising from the Contract or from the Terms.
No waiver on our part of any of these rights, remedies or terms under the Contract shall be effective until such time as it is expressly qualified as such, and until such time as it is communicated to you in accordance with the provisions stipulated in the clause hereinbefore relating to notifications.
- PARTIAL INVALIDITY
If any of these Terms or any of the provisions of the Contract is judged null and void by virtue of an irrevocable decision made by a competent authority, the other general terms shall remain applicable and shall not be affected by this decision.
- ENTIRETY OF THE CONTRACT
These Terms and all documents indicated in these same Terms constitute the entirety of the Contract concluded between the parties with regard to the purpose of the Contract, and replace all agreements, promises or pacts previously concluded verbally or in writing between the parties.
The parties agree that neither of them has relied on a declaration or a promise made by the other party or, if applicable, arising from any written or verbal declaration during the negotiations undertaken by the parties before conclusion of the Contract, except for the provisions expressly stipulated in these Terms.
Each party waives the right to exercise any remedy concerning any false declarations made by the other party, whether verbal or written, before the date of signature of the Contract (unless these false declarations have been issued fraudulently). The only remedy which the other party will be able to exercise will relate to termination of the contract, as stipulated in these Terms.
- OUR RIGHT TO AMEND THESE TERMS
We are entitled to revise and to amend these Terms at any time.
You are subject to the provisions and Terms in force at the time when you use this website, or pass an order, unless the law or the competent authorities oblige us to amend these provisions, these Terms or the confidentiality policy retroactively.
In this case, any possible amendments shall apply equally to any orders which you have previously passed.
- APPLICABLE LEGISLATION AND JURISDICTION
Use of our website and contracts for purchase of products on this site will be regulated by Monegasque law.
Any disagreement arising from or relating to use of the site or the said Contracts shall be subject to the non-exclusive jurisdiction of the Monegasque courts.
The provisions of this clause do not in any way impair the rights you have as a consumer, pursuant to the applicable legislation in this area.
- COMMENTS AND SUGGESTIONS
Your observations and comments are always welcome. You can send them to us using the contact form.
