- PRELIMINARY ARTICLE :
The company AMH INTERNATIONAL SARL, with the brand HRH Joaillerie ( hereinafter, the Company ) creates, designs and commercialises over the whole world, jewellery and watches. In order to meet the expectations of its Customers (hereinafter, the Customers ), the Company has implemented, alongside the distribution stores, a e-commerce sit e for a selection of its Products. The list of items offered can be viewed on the website www.HRH.com.
The orders made on the website are reserved exclusively to individual or to legal entities buying for personal use, with exclusion of commercial reselling activity.
- FIELD OF APPLICATION :
These General Terms and Conditions of Sale (hereinafter, the GTCS ) are applicable to all sales of items with the trademarks of the Company, concluded through the e-commerce site www.HRH.com, ( hereinafter, the Site ):
By taking orders from Customers, individuals acting in their role of consumer (in the sense of the law and jurisdiction) ;
In view of a delivery to the same Customers, on their own behalf or to third parties of their choice, also having the role of consumer
Any selling of items with the trademark of the Company through the e-commerce site www.HRH.com is subject to these GTCS. By placing an order for of one the Products the Customer confirms the full acceptance, without reservation, by the Customer of all the GTCS.
- IDENTIFICATION OF THE AUTHOR OF THE OFFER:
HRH Joaillerie, a limited liability company, with a capital of €15000 with company registration number RIC 17 s 07491, having its registered office at 19, Boulevard de Suisse, 98000 Monaco.
- INFORMATION ON THE ITEMS:
Information (name, definition, reproduction of items, detailed description, property, characteristics and composition) relating to all the items with the trademark of the Company is available in all stores distributing HRH Products.
The Customer Service Manager can be contacted from Monday to Friday, from 9:00am to 5:00pm on +377 97 77 69 32 or firstname.lastname@example.org
While every effort is made to make sure that the published information, item descriptions and data available on the website are accurate, the Company cannot be held responsible for non-substantial errors which could occur.
Likewise, although the photographs and other reproductions of items represent them faithfully on the Site, these are for information purposes only, and slight differences can be produced with the delivered item.
However, in case of non-conformity with the delivered item with respect to its description, the Company agrees to correcting its error, under the conditions provided in articles 10 and 11.
- ORDERING ITEMS :
- 5.1 Conditions of ordering :
To place an order, the Customer must be an adult and have legal capacity. Orders are accepted within the limitation of availability and production capacity. The Customer is informed at the time of placing the order of the estimated delivery time. Despite the Company’s vigilance, if the items ordered are no longer available, the Company will inform the Customer of this by any means (telephone call or email) as soon as possible, and will refund any payment received via the same payment method that has been used for the order.
All the necessary steps to place an order will be specified on the Company’s website in compliance with the provisions of Monegasque law No. 1.383 of 02/08/2011 on the Digital Economy. Likewise, before finally validating their order and expressing their acceptance, the Customers will have the option to verify the details of their order and its total price and to possibly correct certain errors.
The Customer warrants that all information communicated to the Company as part of the order is in compliance with these General Terms and Conditions of Sale.
It is reminded that, at the time of placing the order, the Company collects the following personal data: identity, username (email address), usual home address of the Customer, telephone number, delivery address and payment method. This personal data is necessary for processing the order and can be communicated to contractual partners of the Company involved as part of executing the order.
In compliance with the current national and European regulations and, in particular, the Regulation (EU) 2016/679 of the General Data Protection Regulation, as well as Monegasque law No. 1.165 of 23/12/1993 relating to the protection of personal data, such as modified, the Customer has a right of access, of modification, of correction, of removing, of opposition, of limitation of processing and of portability of personal data concerning them, as well as the right to define what happens with their personal data after their death. To exercise one of these rights a letter should be send to:
HRH Customer Service, 7 rue du Gabian, MC 98000 Monaco, or email@example.com.
The Customer can also refer to the “Commission de Contrôle des Informations Nominatives Monégasque” ( www.ccin.mc ), the Monegasque controlling authority as regards to Personal Data or any other competent controlling authority in their home country.
- 5.2 Refusal of order :
The Company will have the right to refuse any unusual order, or order in bad faith, or orders above 5 items.
Furthermore, the Company reserves the right to refuse any order from the Customer with whom a dispute exists relating to the payment of a previous order.
- PRICES OF ITEMS :
The prices of items sold on the Site are communicated in euros, US Dollars, Pound Sterling, or Swiss Francs depending upon the country of delivery and include all taxes, excluding delivery costs as these are free of charge.
The price, including tax and VAT, of the items that the Customer wants to purchase, are communicated to her/him at the time of connecting to the Site.
- PAYMENT CONDITIONS :
The payment of purchases of the Customer is made by bank card: the cards accepted are Debit Card, Visa, Mastercard and American Express, PayPal or by bank transfer.
The bank card is debited at the time of preparing the order.
To this end, the Customer guarantees the Company that he/she is the holder of the bank card and that the name appearing on this bank card to be debited is hers/his.
The Customer communicates, in a secure online environment, the sixteen-figure number and the expiry date, appearing on the front of the bank card, as well as, if necessary, the card verification value (CVV) appearing on the back of the bank card.
In relation to risk assessment and fraud prevention for payments for purchases made via the website, a check will be made online with the competent bank establishments and bodies, contacted via the PAYZEN Group system. PAYZEN will be liable for the storage and automated processing of information relating to each order, including the details of the bank cards in a secure environment.
Moreover, all data relating to orders will be processed automatically, of which the responsible body is AMH INTERNATIONAL SARL. This automated processing of data has the purpose of defining a level of analysis of a transaction and fighting against bank card fraud.
PAYZEN and the Company are the recipients of data related to any order. The non-transmission of data related to an order prevents carrying out and analysing the corresponding transaction.
In case an order cannot be paid because of a fraud of the bank card, the data related to the order will be registered in a payment incident file put in place by PAYZEN. An irregular declaration or an error can also be subject of a specific processing.
In the event where, for any reason (opposition, refusal from the transmitter centre, etc.), the debiting of sums due by the Customer is impossible, the sale would be immediately resolved, and the online purchasing process cancelled.
- DELIVERY :
The delivery of items will take place after the full payment of the order has been recorded The delivery timeframe for the Products is indicated at the time of placing the order and will not be later than 30 days after the date of the order.
The delivery of the ordered items is made to the delivery address indicated by the Customer at the time of placing the order, it should be noted that delivery cannot be made to hotels, nor to post office boxes. The Customer however has the option to get items delivered to an individual of their choice for whom they will have provided the address at the time of the order.
The package is delivered by a carrier chosen by the Company, and will be handed to the Customer against signature of the delivery note.
It is the Customer’s responsibility to verify the condition of the package and items upon arrival and to make any reserves and complaints in writing which would seem to be justified to the carrier, or even refuse the package if it is likely to have been opened or if it displays clear signs of damage.
The Customer must contact the Company’s Customer Service team as soon as possible, to share their complaints.
- RIGHT OF WITHDRAWAL :
In accordance with the applicable legislation, the Customer has a right of withdrawal that they can exercise within fourteen (14) days after receiving the package, without having to justify their decision, and without any penalties.
To exercise their right of withdrawal, the Customer fills in the form provided for this purpose, they then send the items back within a timeframe which cannot exceed 14 days.
The return costs are the Customer’s responsibility. The refund of the cost of the items returned will be made by crediting the bank card which was used to pay for the order.
The Company will refund the Customer for all the sums paid, including the delivery costs, at the latest within fourteen (14) days from the date on which it has been informed of the Customer’s decision to withdraw.
Items returned incomplete, broken, damaged, deteriorated or soiled will not be fully refunded. The amount of the sum refunded will take into account restoring the returned item, if needed.
- EXCHANGE :
For a Product purchased on the Company’s Site the Customer has the option to request an exchange for an identical Product, a Product of a greater value, or one of smaller or larger size.
The Customer can return, within a timeframe of thirty (30) days after the initial delivery date, the delivered items in their original packaging, complete and accompanied by the return voucher to be downloaded on the Site together with the invoice for the items. All requests for exchange should be addressed to HRH, Customer Service, 7 rue du Gabian, 98000 Monaco. As soon as the items to be exchanged are received, a delivery time will be communicated to the Customer
- CONFORMITY – GUARANTEE :
- 11.1 Conformity :
The Customer must verify that the delivered items correspond to their order. In the event where items delivered are not conform with their order, the Customer must inform the Company (Customer Service) as soon as possible.
Upon receiving their request, the Company will send the Customer a return voucher that needs to be included in the returned package. The Customer must send the non-conform items in their original packaging, in perfect and complete condition.
If an exchange of the returned item is not possible, the Company will make a refund of the invoiced price, including the return costs, by crediting the Customer’s bank card which they used to pay for the order.
- 11.2 Guarantee :
Notwithstanding the specific conditions of guarantee possibly given to the Customer with the delivered item, the Company’s Products are subject to the legal guarantees below :
1) Legal guarantee of conformity
The Company guarantees the conformity of its Products, namely :
that it is suitable for the purpose usually associated with similar items and;
that it matches the description given by the Company and have the features as presented to the Customer,
that is has the features that the Customer might reasonably expect considering the public statements made by the Company;
that it has the features defined by mutual agreement between the parties or to be suitable for any special use sought by the Customer as disclosed to the Company and accepted by the latter.
Conformity defect which appear within two (2) years from the delivery date of the item are presumed to exist at the time of delivery, except for proof on the contrary.
2) Legal guarantee against hidden defects
The Company is bound by the warranty of hidden defects of the sold Product that renders it unfit for use for which it was intended, or that hinder this use in a manner that the Customer would not have bought it, or would have paid a lower price, had these been known.
The defect must be prior to the sale, and make the Product unfit for the use for which it was intended. In this case, the Customer will have the choice, either to return the Product and have the cost refunded, or to keep it and have a portion of the cost refunded.
The Customer has a timeframe of two (2) years to act on these grounds.
- CUSTOMER SERVICE DEPARTMENT :
The Customer can contact the Customer Service Department from Monday to Friday, from 9:00am to 5:00pm CET on +377 97 77 69 32 or firstname.lastname@example.org.
- INFORMATION ON STONES :
In accordance with the Kimberley Process, the Company guarantees that stones that it uses come from a legitimate source not involved in the funding of armed conflicts in Africa and in conformity with United Nations resolutions (Security Council Resolutions no. 1173, 1176 and 1306). The Company, based on its knowledge and/or on the written guarantees provided by the supplier of these stones, certifies that these are “conflict-free”.
- FORCE MAJEURE :
The performance by the Company of all or some of its obligations will be suspended upon occurrence of an event of for ce majeure, which would impede or delay such performance. The following are considered as such, without this list being exhaustive: war, riots, bad weather, social issues, strikes of any type, and difficulties in supplying provisions to the Company.
In this case the Company will inform the Customer within seven (7) days following occurrence of any such event and of the timeframe in which it is likely to be able to execute its obligations.
If the force majeure event lasts more than fifteen (15) days, the Customer will have the option to cancel the current order followed by refunding the customer as soon as possible by crediting the Customer’s bank account or bank card.
- DISPUTES AND APPLICABLE LAW :
These General Terms and Conditions of Sale are governed by Monegasque law without prejudice of the local regulations of the country of the Customer and of the European Community regulations and international treaties.
In case of difficulty occurring regarding the order or the delivery of the Products, the Customer will have the option, before any legal action, to search for an out-of-court solution, either using a consumer association, or by forming an appeal to the competent mediator.
Any dispute starting in the interpretation, or the execution of these General Terms and Conditions of Sale, as well as the actions having a consequence on it, will be subject to the exclusive competence of the courts of the Principality of Monaco, including in case of an incidental claim or multiple defendants.
The Company reserves the right to modify the GTCS from time to time, the GTCS applicable to the order of an item by the Customer are those in force on the date and time of the payment for the order.