MONTE CRISTO GEMS S.L. general terms and conditions
1. SCOPE, GENERAL
1. The MONTE CRISTO online shop is aimed exclusively at consumers. The following General Terms and Conditions apply to all purchase contracts between us, Monte Cristo Gems S.L., and you as a consumer concluded using the MONTE CRISTO online shop.
2. In all cases, it is the version of the General Terms and Conditions available on the Websites, and hence the valid General Terms and Conditions, at the time of concluding the contract that is decisive. Deviating, contradictory or supplementary agreements are not part of the contract unless we have explicitly agreed to these in writing in advance.
2. CONTRACT CONCLUSION
1. Upon concluding the order process by activating the "Purchase now" button, you bindingly declare your offer to purchase the goods selected by you (order); we will immediately confirm receipt of the order by e-mail using the e-mail address provided by you. The receipt confirmation is not a binding acceptance of the order; it can however be linked with an explicit acceptance declaration.
2. We are entitled to accept the contract offer included in the order within three working days following receipt. We will accept the order by means of an e-mail confirmation or by dispatching the ordered goods. The purchase contract is only concluded by means of this acceptance. We are entitled to reject the order; for example, after checking the availability of the product in stock. In this case, we will inform you of the rejection in writing or by e-mail.
3. We reserve the right to dispatch goods only in volumes customary for households.
4. After concluding the entry and prior to the binding dispatch of the order by means of activating the "Purchase now" button, all the order details are displayed for you; here, you have the opportunity to correct entry errors.
5. The contract text is saved by us and sent to you by e-mail along with these General Terms and Conditions following receipt of your order.
3. PRICES, COSTS AND PAYMENT TERMS
1. The price given on the MONTE CRISTO online shop at the time the order is placed is binding. The price includes the respectively valid VAT, insofar as this applies.
2. A price offered within the context of special offers is exclusively limited to the special campaign. Special campaigns are always indicated as such.
3. Shipping charges apply to deliveries. These charges are displayed to you prior to concluding the order process.
4. Payment of goods is fundamentally possible by means of credit card (secured by 128-bit SSL encryption) or PayPal; purchasers in Spain (or other European countries, on request) can, depending on the type and value of the order, also pay on bank account. The payment types concretely available to you are displayed during the ordering process.
5. When paying using a credit card, the card is immediately debited.
6. The right of the customer to offset counter-claims shall only exist if these counter-claims are uncontested or have been ascertained to be legally binding. You can only assert the right of retention if your counter-claim is based on the same contract relation.
4. DELIVERY, DELIVERY TIME AND SHIPPING CHARGES
1. We ship within the EU. The billing and delivery address must be in the same country to enable us to process your order.
2. You will be informed of the binding period within which we will dispatch the goods in the event of the acceptance of your order (delivery time) during the course of the ordering process. The delivery time begins on the working day following receipt of your order.
3. We only ship while stocks last.
4. If, for reasons for which you are responsible, the goods cannot be delivered, additional shipping charges will apply in the event of redelivery. In these cases, the shipping and return costs will be borne by you. In the case of a cancellation, Point 7 takes priority.
5. RESERVATION OF PROPRIETARY RIGHTS
1. The delivered goods remain our property until full payment of the purchase price.
2. You must handle the goods with care until transfer of ownership has taken place.
3. Prior to transfer of ownership, you must neither pledge the goods nor assign them to third parties as collateral. You must inform us immediately in writing in the event of pledges, seizure or other third party dispositions.
4. We reserve the right to demand the return of bonus products or to invoice these in the event that the prerequisites for granting the bonus product are no longer given. The prerequisite for granting a bonus product is that the purchase contract is complied with in terms of the minimum purchase amount. In other words, if you return all or part of the goods – for example, by exercising your right of cancellation – and therefore fall short of the minimum purchase amount, you no longer qualify for the bonus product. In such cases, please return the bonus product to us with your return order. If you would like to purchase the bonus product, please contact our Customer Service department directly.
6. LIABILITY FOR DEFECTS
The valid legal stipulations relating to the liability for defects apply.
7. LIMITATION OF LIABILITY
1. Monte Cristo Gems S.L. is liable without limitation in the event of intent and gross negligence.
2. In the event of ordinary negligence, Monte Cristo Gems S.L. is liable – except in cases of damage to life, body or health – only if essential contractual obligations (cardinal obligations) are breached. Liability is limited to contractually typical and foreseeable damages.
3. Any liability for indirect and unforeseeable damages, for standstill of production and recovery for loss of use, lost profits, lost savings and economic loss due to a third party claim shall be precluded in the case of ordinary negligence – except in the event of injury to life, body or health.
4. Any liability going beyond the liability for damages stated in this contract shall be excluded – irrespective of the legal nature of the claim made. However, the above limitations of liability or exclusions do not apply to compulsory statutory fault-dependent liability (for example, in accordance with product liability legislation) or liability arising from guarantees of characteristics irrespective of fault.
5. Insofar as liability is excluded or limited in accordance with Points 2 and 3, this shall also apply to the personal liability of salaried employees, employed persons, representatives, bodies and agents of Monte Cristo Gems S.L.
8. CANCELLATION INSTRUCTIONS
You have the following right of cancellation:
You are entitled to cancel this contract within fourteen days without providing a reason. The cancellation period is fourteen days from when you or a third party appointed by you who is not the carrier has taken possession of the goods.
To exercise your right of cancellation, you must inform us (Monte Cristo Gems S.L., Carrer de la Vila 14. 17310 Lloret de Mar, Spain; e-mail: firstname.lastname@example.org) of your decision to cancel this contract by means of an unambiguous declaration (for example, a letter by post, fax or e-mail).
To observe the cancellation period, it is sufficient to send us notification of the exercising of the right of cancellation prior to the expiry of the cancellation period.
Goods finished in accordance with customer specifications or goods which have been clearly tailored to the personal requirements of the customer (i.e. engraved items) are non-returnable. All engraved items of jewellery are specifically for final sale and have been engraved according to customer specifications. THOMAS SABO is not liable for errors that are the result of customer instructions or specifications.
EFFECTS OF CANCELLATION
If you cancel this contract, we will return all payments received from you, including the shipping costs (with the exception of additional costs arising as a result of you choosing a different form of shipping to the standard, less expensive shipping offered by us), immediately and no later than fourteen days from the day on which we receive notification of your cancellation of this contract. For this repayment, we will use the same means of payment as used by you during the original transaction, unless otherwise explicitly agreed with you; under no circumstances will you be charged fees for this repayment. We can refuse repayment until we have received the goods or until you have provided evidence that you have returned the goods, depending on which event is earlier.
You must send back the goods or hand them over to us without undue delay and no later than fourteen days from the day on which you notified us of the cancellation of this contract. The deadline is met if you return the goods prior to the end of the fourteen-day deadline. The direct costs for returning the goods are borne by you. You must only pay for any potential loss in value of the goods if this loss in value is the result of unnecessary handling of the goods caused by checking the composition, properties and function of the goods.
- END OF THE CANCELLATION INSTRUCTIONS -
9. APPLICABLE LAW
The law of the Kingdom of Spain applies, with the exception of UN purchasing law, which expressively shall not apply. This choice of law applies only insofar as the protection provided is not withdrawn by compulsory provisions of the law of the country in which the consumer habitually resides.
10. WRITTEN FORM
Changes or additions to this contract require the written form for validity. This also applies to changes to the written form clause.
11. SALVATION CLAUSE
Should individual clauses and/or stipulations of this contract be or become invalid or infeasible, this will not affect the validity of the remaining clauses and/or stipulations within this contract. The wholly or partially invalid or infeasible clauses and/or stipulations will then, in accordance with the consensual will of both parties, be replaced by clauses and/or stipulations that legally correspond as closely as possible to the original commercial intention of the invalid or infeasible clauses and/or stipulations.
The cancellation/return period is 14 days from when you or a third party appointed by you who is not the carrier has taken possession of the goods.
Please send the articles as a registered letter or as a "parcel with return receipt" (incl. tracking number) to the following address and keep the dispatch receipts for any potential queries. MONTE CRISTO GEMS S.L. is unable to assume liability for any damage, loss or theft during transport.
MONTE CRISTO GEMS S.L.
Web Shop Returns
Carrer de la Vila 14
17 310 Lloret de Mar
Please note that articles must be completely returned to us with their original packaging. This should protect the goods to be returned against damage during transport. Please use the enclosed return sticker for your return. You can then return the articles to us by delivering the parcel to your post office branch, handing them to your postman or by delivering them to a parcel office.
For the purpose of continually improving our service and offerings, it is particularly important that you provide us with the reason why you are returning the goods. Please complete the enclosed return form and include it in your return. In the event you have already paid, we will credit the amount to your bank or credit card account. Please note that postal returns can take several days and that we require a certain amount of time to process returns.
Furthermore, we would like to point out that the supplied goods must only be examined – comparable with trying them on in a real store.
Should the goods be damaged as a result of further use, we reserve the right to demand compensation.
The direct costs for returning the goods are borne by you.
You can buy any engravable MONTE CRISTO article without an engraving and have it engraved afterwards.
As the operator of the MONTE CRISTO online shop, we – Monte Cristo Gems S.L. – regard data protection as a fundamental concern and we would like to ensure that your privacy is, and remains, protected at all times when using our online shop.
Your personal data are only collated, processed and used by us if you issue your consent, or legislation allows us, to process and/or use your personal data. To this end, we comply with the valid legal stipulations on data protection.
WHAT ARE PERSONAL DATA ?
Specific information on the personal and objective circumstances of a specific or specifiable person. These particularly include data such as your name, your address, your date-of-birth/age, your gender, your telephone number and your e-mail address.
WHY DO WE COLLATE, PROCESS AND UTILISE PERSONAL DATA ?
1. We collate, process and utilise personal data for processing your orders, including delivery and services associated with the order
2. We collate, process and utilise personal data for processing payments
3. We collate, process and utilise personal data for responding to your questions and queries
4. We collate, process and utilise personal data for sending out our newsletter insofar as you have given us your consent to do so
WHAT INFORMATION DO WE COLLECT IN THE PROCESS ?
Only information that you enter while visiting our online shop or transmit to us in any other way is collated, saved and processed. You have the option to withhold certain information – which can however mean that you will be unable to utilise some of our offerings, services and features.
CONSENT AND REVOCATION
When subscribing to the newsletter, MONTE CRISTO uses – with your consent – your first name, your last name and your e-mail address for its own advertising purposes. Once you have given us your consent for using, processing and transmitting your personal data for the purpose of sending the newsletter or for other marketing purposes, you can revoke this for the future at any time without any formal procedure or notice. Furthermore, you can – insofar as we use your personal data within the legally-permissible context for postal marketing measures – object to the utilisation of this data. In both cases, simply send us an informal message by post to the following address:
Monte Cristo Gems S.L.
Carrer de la Vila 14
17310 Lloret de Mar
Furthermore, each newsletter contains a link with which you can unsubscribe to the newsletter.
Following receipt of your revocation or retraction, we will cease to utilise, process and transmit the relevant data for any purposes other than for processing your order/orders and also cease to send you any further advertising materials, including our catalogues.
DO WE PASS PERSONAL DATA ON TO THIRD PARTIES ?
For optimum processing of your order, it may also be necessary to transmit your personal data to third parties, for example to our logistics partners so that these can process your order/orders for dispatch.
The separate applicant data protection stipulations apply when using the applicant tools.
We guarantee that we will otherwise not forward your personal data to third parties unless we are legally obliged to do so or you have given us your prior consent for this.
The data forwarded to third parties are utilised by these third parties exclusively for carrying out the duties or tasks allocated to them.
HOW LONG ARE THE DATA SAVED FOR?
Only for as long as they are required for the processing of our services or for the period the legal stipulations require them to be saved for.
HOW DO WE PROTECT YOUR DATA ?
We deploy technical and organisational measures that protect your personal data against loss, manipulation and unauthorised access by third parties. We regularly adapt our security measures to the current state of the art.
DATA COLLATION USING COOKIES
When you visit our Website, we also automatically collect technical and statistical data on the utilisation of the MONTE CRISTO online shop by setting cookies. This involves the following data:
1. IP address
2. Browser type and version
3. The Website from which you are visiting us
4. The operating system used by you
5. Date and time of your visits to the individual Websites
6. Information regarding the allocation of your visit and/or an order with a marketing channel
THIRD PARTY COOKIES
We use third-party services to improve our service and those services use their own cookies.
Third-party services that are used on MONTE CRISTO online shop and which have their own privacy policies are:
1. Google analytics (used for statistical analysis of visits)
2. Tawk (used for the online chat on our website)
LINKS TO EXTERNAL WEBSITES
The MONTE CRISTO Website and this data protection declaration include links to external Websites, over whose contents MONTE CRISTO has no influence. For this reason, MONTE CRISTO assumes no liability for the contents, the nature or the reliability of these external Websites. The placement of links does not include any support for, or approval of, the information or services offered on the respective Websites. The respective provider or host of the Websites is solely responsible for the contents of the linked Websites.
WHERE CAN YOU GET INFORMATION ABOUT YOUR DATA STORED WITH US ?
You have the right to demand free-of-charge information relating to your personal data stored with us at any time. If your personal data is incorrect or has been saved for incorrect reasons, we will gladly correct, block or delete said data. Here, we kindly request that you inform us of any changes to your personal data. In the event you wish to receive information on your personal data or you have questions relating to data protection, please write to:
Monte Cristo Gems S.L.
Carrer de la Vila 14
17310 Lloret de Mar
CHANGES TO THIS DATA PROTECTION DECLARATION
We reserve the right to change or supplement the data protection declaration as required. We will publish all changes/supplements on this Website. For this reason, we kindly request that you regularly visit the Website to inform yourself of the latest status of the data protection declaration.
Monte Cristo Gems S.L.
Carrer de la Vila 14
17310 Lloret de Mar
The author reserves the right not to be responsible for the topicality, correctness, completeness or quality of the information provided. Liability claims regarding damage caused by the use of any information provided, including any kind of information which is incomplete or incorrect, will therefore be rejected.
All offers are not-binding and without obligation. Parts of the pages or the complete publication including all offers and information might be extended, changed or partly or completely deleted by the author without separate announcement.
2. Referrals and links
The author is not responsible for any contents linked or referred to from his pages - unless he has full knowledge of illegal contents and would be able to prevent the visitors of his site from viewing those pages. If any damage occurs by the use of information presented there, only the author of the respective pages might be liable, not the one who has linked to these pages. Furthermore the author is not liable for any postings or messages published by users of discussion boards, guestbooks or mailinglists provided on his page.
The author intended not to use any copyrighted material for the publication or, if not possible, to indicate the copyright of the respective object.
The copyright for any material created by the author is reserved. Any duplication or use of objects such as diagrams, sounds or texts in other electronic or printed publications is not permitted without the author's agreement.
If the opportunity for the input of personal or business data (email addresses, name, addresses) is given, the input of these data takes place voluntarily. The use and payment of all offered services are permitted - if and so far technically possible and reasonable - without specification of any personal data or under specification of anonymized data or an alias. The use of published postal addresses, telefone or fax numbers and email addresses for marketing purposes is prohibited, offenders sending unwanted spam messages will be punished.
5. Legal validity of this disclaimer
This disclaimer is to be regarded as part of the internet publication which you were referred from. If sections or individual terms of this statement are not legal or correct, the content or validity of the other parts remain uninfluenced by this fact.