GENERAL TERMS AND CONDITIONS OF SALE
These general terms and conditions define the terms and conditions of sale of products offered by KAPPA RETAIL MONACO, SARL, with capital of €15,000, registered with the Monaco Trade and Industry Directory under number 20 S 08428, with address at 1, promenade Honoré II – 98000 MONACO – Telephone +377 97 77 74 74 – Intra-community VAT number FR 24000148899. (hereinafter defined and referred to as the “Products”) to Clients (hereinafter defined), on the website published by AS Monaco Football Club, Limited Company affiliated to the French Football Federation under no. 091, 7 Avenue des Castelans - Stade Louis II - 98 000 Monaco, available at the following address: https://shop.asmonaco.com (hereinafter the “Website”).
The General Terms and Conditions may be amended by KAPPA RETAIL MONACO, the version in force appearing in the dedicated section of the website and/or application. Each website user agrees to read the latest version of the General Terms and Conditions before any use and purchase.
Article 1 – WEBSITE
The Website is published by:
AS Monaco Football Club, Limited Company affiliated to the French Football Federation under no. 091, 7 Avenue des Castelans - Stade Louis II - 98 000 Monaco
The website www.shop.asmonaco.com is hosted by:
128 rue de la Boétie
75008 Paris 08 – France
Siret: 809 675 515 00062
VAT: FR87809675515 – RCS 809 675 515 Paris
SAS with a capital of €20,000
T : 01 76 46 01 90
ARTICLE 2 – DEFINITIONS
Whenever they are used in the General Terms and Conditions, the terms below will have the following meanings:
“Customer“: means any legal or natural person aged 18 or older and having the capacity to contract, wishing to purchase the Products for his own needs;
“Order”: means the order of Products made by the Customer on the Website;
“Customer Account”: means the personal account created on the Website by each Customer in accordance with the procedure described below in order to be able to purchase Products;
“General Terms and Conditions”: means these general terms and conditions of use and service;
“Website”: means the e-commerce website published by AS Monaco Football Club, a Limited Company affiliated to the French Football Federation under no. 091, 7 Avenue des Castelans - Stade Louis II - 98 000 Monaco allowing Customers to proceed with the purchase of Products sold by KAPPA RETAIL MONACO, and accessible from the website https://shop.asmonaco.com.
“Products”: means all the textile products and accessories proposed by KAPPA RETAIL MONACO to the Customers on the Website.
ARTICLE 4 – CUSTOMER ACCOUNT
4.1 Creation of the Customer Account
The Customer wishing to purchase the Products on the Website registers on the Website and creates a Customer Account. For this purpose, the Customer shall:
The Customer guarantees that the information appearing in its Customer Account are accurate and complete and undertakes to update such information in case of a change.
The creation of a Customer Account generates a user name and password allowing the Customer to log in to the Website. The user name and password are strictly personal and confidential. The Customer shall not disclose them to any third party.
A Customer may create only one Account. KAPPA RETAIL MONACO reserves the right at any moment to carry out any checks it deems useful and to delete any multiple customer accounts. Access to the Website through the Customer Account is strictly limited to a private, personal and non-transmissible use by the Customer.
4.1 Closing of the Customer Account
Customers may at any time close their Customer Accounts on the Website by sending a request by e-mail to firstname.lastname@example.org
ARTICLE 5 – ORDERING PRODUCTS
5.1 General terms
To use the Website and order Products, Customers must log into their Customer Accounts via a terminal (mobile phone, tablet, computer, etc.) having adequate access to the Internet.
5.2 Products – description and availability
Products offered for sale on the Website are accompanied by a description and a photo.
KAPPA RETAIL MONACO takes the greatest care and accuracy in the presentation and description or articles, within the limits of the technical feasibility and in compliance with the market's highest standards.
It is however possible that errors may be found on the Website, which the Customer recognises and accepts.
If a product is inconsistent with its description on the Website, the Customer must follow the procedure described in article “MONEY BACK”.
The Customer may obtain additional information by contacting KAPPA RETAIL MONACO by telephone at +377 97 77 74 74 or by e-mail: email@example.com or using the contact form of the Website.
Exceptionally, in case of total or partial unavailability of a product after the Order has been placed, the CUSTOMER shall be informed by e-mail of the delivery of a partial Order or the cancellation of the Order.
If a Product is unavailable, the Customer may:
The Order is made after the four successive steps have been completed:
1 - Selection of the products
After clicking on the icon “Add to shopping cart” and having verified the details of the Order (item, quantity, size, price, etc.) from the offer references visible on the French version of the Website, the Customer shall validate the choice of item(s) selected and the delivery method by clicking on the icon “PROCEED WITH THE PAYMENT”.
2 - Identification
The Customer logs into his/her Customer Accounts by filling in the appropriate fields on the Website and inserting his/her personal user name and password.
3 - Validation
The Customer may, before validating his/her Order, check the detail and total price of the Order and, correct any errors, before confirming it for acceptance.
After reading the summary of the order, the Customer validates the Order by clicking on the button “PROCEED WITH THE PAYMENT”.
In any case, KAPPA RETAIL MONACO confirms receipt of the Order after its approval by e-mail.
4 - Payment
After confirming the content of the Order, the Customer proceeds with the final validation by payment.
The Order is complete only after payment of the corresponding price. The Customer is charged for the amount of his/her purchase on the day of the Order.
The means of payment accepted to date are: Bank card, VISA card, MASTERCARD card. For payment cards the Customer shall provide the number of his/her bank card, its expiry date and the 3-digit number on the back of the bank card.
In order to guarantee the safety of online payments, the Website uses the secure payment services via Payline of Société de Banque Monaco. These services feature the 3D Secure security standard. Confidential data (the 16-digit bank card number, the expiry day and the card security code) are transmitted encrypted to the Payline server without passing through the physical media server used by AS Monaco Football Club.
Payline payment interface uses the 3D Secure technology. It is a system developed by Visa and MasterCard bank card networks to authenticate bank card holders and prevent any fraudulent use of the cards. In addition to the number, expiry date and card security code, with the 3D Secure system, the bank card holder must log in to his/her bank application to which he/she is automatically redirected, by entering a code or a personal information that his/her bank has sent in advance. One authenticated, the transaction is either authorised or refused by the bank.
When bank details are validated, the secure online payment provider sends an authorisation request to the bank card network. The online payment provider issues an electronic certificate.
The Customer warrants that he/she has full powers to use the payment card provided for the payment of the Order and that there are sufficient funds on this card to cover all the costs of the Order.
In all cases, the payment of the Order shall constitute signature and express acceptance of the sale at the indicated price plus delivery costs.
5 - Refusal or cancellation of the Order.
Non-compliance by the Customer of the obligations assumed under these General Terms and Conditions of Sale, and in particular regarding any default in the payment of the price of an Order, may lead to the suspension of access to the Customer Account and access to new Orders on the Website blocked. KAPPA RETAIL MONACO reserves the right to unregister the Customer, (a) after informing the Customer at least fifteen (15) days in advance, or (b) immediately and without prior notice in case of Customer's breach of any of his/her obligations, in particular contained in the General Terms and Conditions, without prejudice to any damages.
Article 6 - PRICES
The prices of Products are expressed in euros and include VAT at the rate in force on the day of the Order.
KAPPA RETAIL MONACO reserves the right to modify prices at any time.
The Customer shall furthermore pay, in addition to the price of items ordered, a fixed contribution to the shipping costs, the amount of which will be indicated before the final approval of the Order.
ARTICLE 7 – DELIVERY - RECEIPT
7.1 Delivery location
Products shall be sent to the delivery address that the Customer indicated during the Order process.
KAPPA RETAIL MONACO chose Colissimo and Chronopost for its shipments.
KAPPA RETAIL MONACO delivers parcels in mainland France, Corsica, French overseas departments and territories and in many foreign countries, the list of countries being indicated and validated at the time of placing the order.
Shipments to post office boxes are not accepted.
7.2 Delivery periods
The delivery of ordered Product(s) shall take place no later than 30 days from the day following the Order, subject to the full payment of the Products by the Customer and to the availability of Products, unless otherwise indicated to the Customer before the completion of the Order.
For information only, the delivery periods from the shipment date notified to the Customer are as follows:
France - Monaco: 24h by Chronopost, 48h-72h by Colissimo
Europe: 2 to 6 days
Outside Europe: 4 to 14 days In this case, KAPPA RETAIL MONACO shall indicate to the CUSTOMER an approximate interval of the delivery date.
Delivery times cannot be guaranteed in case of force majeure and especially in case of strike.
Each delivery is deemed completed when the Product is delivered to the Customer by the carrier, via the control system used.
The CUSTOMER shall receive, at the time of delivery, an invoice detailing the price of each of the Products and the delivery costs paid.
The CUSTOMER is informed that it is his/her duty, when the Product is delivered, to check its general condition (damage, damaged parcel, etc.) and its content and make sure that it is consistent with his/her Order (name, quantity, etc.). If this is not the case, the Customer shall write down his/her observations or express reservations on the delivery note.
Any discrepancy regarding the Products (damage, missing Product from the purchase order, package damaged or opened, broken item, defective item,...) shall be imperatively notified to KAPPA RETAIL MONACO within three (3) days of the delivery date by phone at +377 97 77 74 74 or by e-mail at the following address: firstname.lastname@example.org. The Customer is responsible for providing proof of the defects or discrepancies claimed.
KAPPA RETAIL MONACO will indicate to the Customer the steps to be taken, in particular concerning the return of the Product. In the event of proven defect or found by KAPPA RETAIL MONACO, the defective or damaged Product shall be replaced at its cost, subject to the availability of stocks or the Customer shall be reimbursed, at his/her choice. If the defective Product cannot be replaced, KAPPA RETAIL MONACO will reimburse the Product.
Products shall be returned or reimbursed in accordance with the terms of article 8.3.
The Customer must verify if content of the package corresponds to the Order.
If the Product(s) delivered does (do) not correspond to the Order because of KAPPA RETAIL MONACO, the Customer may, in accordance with the provisions below (ARTICLE 8) and within a period of fourteen (14) days from receipt of the Products ordered, ask to be reimbursed or that the Product(s) be exchanged for Product(s) corresponding to the initial Order. If the Product(s) cannot be replaced, KAPPA RETAIL MONACO will reimburse the Product(s).
Products shall be returned or reimbursed in accordance with the terms of article 8.3.
ARTICLE 8 – MONEY BACK – WITHDRAWAL
As a consumer, the Customer has a withdrawal period of 14 days from receipt of the ordered Product(s), without having to give any reasons.
In this case, the Customer informs KAPPA RETAIL MONACO of his/her decision via a written unequivocal statement, by sending the form below by email (email@example.com) or by post at the address (1, promenade Honoré II – 98000 MONACO) :
Model withdrawal form
For the attention of KAPPA RETAIL MONACO
I hereby give you notice that I wish to withdraw the Order concerning the following products:
Order number … (to be completed)
Name of the consumer: … (to be completed)
Address of the consumer: … (to be completed)
Date: … (to be completed)
Signature of consumer: ... (only if this form is notified on paper)
If the conditions set out above are met, KAPPA RETAIL MONACO will proceed with the reimbursement of payments received from the Customer for the Order of the Products concerned. The reimbursement shall be made by crediting the Customer’s bank account corresponding to his/her bank card used to make the payment, within 14 days from the date of exercise of the right of withdrawal and subject to the return of the Product.
8.2 Customised products
The Customer is informed that this right of withdrawal is not applicable to the sale of Products customised at request (for example match jerseys customised by flocking with a name or number or any other specification).
8.3 Return – reimbursement
For a Customer in mainland France + Corsica and Monaco, returns are free and a return prepaid label is attached to each package. For the other countries, the Customer shall send the package in a secure manner via recorded delivery by paying the return costs.
Products shall be returned by the Customer within 14 days of the date of notification of the withdrawal or date of confirmation by KAPPA RETAIL MONACO of the agreement of return in case of non-compliance, and under the following conditions:
Products not returned within the periods and under the conditions specified above shall be neither reimbursed or replaced by KAPPA RETAIL MONACO.
Upon receipt of the package, KAPPA RETAIL MONACO will assess if the returned items are in perfect condition. If return is refused by KAPPA RETAIL MONACO, the Products shall then be returned to the Customer at KAPPA RETAIL MONACO's expense, without the Customer being able to claim any compensation or right to be reimbursed.
Products shall be returned at the following address:KAPPA RETAIL MONACO 1, Promenade Honoré II 98000 MONACO
ARTICLE 9 – AVAILABILITY OF THE WEBSITE
KAPPA RETAIL MONACO endeavours to ensure the availability of the Website 24 hours a day, for the whole year.
However, KAPPA RETAIL MONACO may, if necessary, and without prior notice, suspend, interrupt or limit access to all of part of the Website, in particular for maintenance interventions or updates of the Website, and various installations required for its functioning, or as result of circumstances beyond the control of KAPPA RETAIL MONACO (security breach identified, fraudulent use of the Website.
In these cases, KAPPA RETAIL MONACO shall not be held liable for the Website’s unavailability.
The Customer declares to know and accept the characteristics and limits of the Internet network and acknowledges in particular:
- being informed of the technical hazards that may affect the Internet and mobile telephony network and cause disruptions, anomalies, data loss, slowdowns and unavailability making the connection slow or impossible,
- being informed of the risk of misuse of data exchanged on the Internet. It is the Customer's responsibility in this respect to take all necessary measures to protect himself/herself of any malware or virus that may be exchanged on the Website.
ARTICLE 10 – INTELLECTUAL PROPERTY
KAPPA RETAIL MONACO is and remains the only owner of all the property rights of the Products and the Website. The General Terms and Conditions do not grant to the Customer any property rights on the Website, or on any right held by KAPPA RETAIL MONACO.
The Customer shall not make any unauthorised use, in particular any copy, adaptation, creation of derivative work, distribution, reproduction, modification, translation, modification, translation, transfer, decompilation, sale, license, exploitation under any other form, of the Products, the Website or any other content published on the Website, without this list being exhaustive.
The Customer shall not reproduce any element of the Website and Products (ideas, characteristics, logo, brand, functions, images, etc.) by any means whatsoever, in any form whatsoever and in any form whatsoever.
ARTICLE 11 - PERSONAL DATA
All the personal information that may be collected on the Website are the subject of automatic processing. KAPPA RETAIL MONACO shall collect, process and store all personal information of Customers in compliance with the Monegasque law no. 1.165 of 23 December 1993 and the General Data Protection Regulation (EU).
The Customer is informed that he/she has a right of access to, rectification or deletion of such information.
To exercise such right, it is sufficient to send a request by email to: firstname.lastname@example.org or by post to:
KAPPA RETAIL MONACO, 1 Promenade Honoré II 98000 MONACO
This information is collected for the processing of requests of the Customer within the framework of the Website. When certain information is mandatory for the creation of the Customer Account, its mandatory nature is indicated during data entry. The personal data are collected for KAPPA RETAIL MONACO and AS MONACO FOOTBALL CLUB (https://shop.asmonaco.com/fr/confidentialite), and to their processors involved in the hosting and management of the Website and/or in the processing of Product orders (payment service providers, carriers). The Customer consents to the use by KAPPA RETAIL MONACO of all the data concerning the Customer, for:
- Execute the purchase contract of Products and manage Orders
- Manage the Customer Account and optimise the browsing on the Website;
- Respond to information requests in particular via various contact forms;
- Promote and foster KAPPA RETAIL MONACO's activities in particular by organising events and conferences, provide for prospecting, organise quizzes, send information/news/newsletters on the events and new products.
KAPPA RETAIL MONACO may collect automatically log-in data when the Customer uses the Website:
- Connection traces (login, IP address, date and time)
- Website usage information (modules, menus).
Regarding the deposit of cookies, please consult the cookies section on the Website: https://shop.asmonaco.com/fr/confidentialite
KAPPA RETAIL MONACO stores the Customer's data throughout the entire duration of the contractual relationship and as long as it is required to do so in accordance with the applicable laws and the purposes defined above.
When the Customer closes his/her Customer Account, KAPPA RETAIL MONACO may store the Customer’s data in an aggregated or anonymised format.
Notwithstanding the above, KAPPA RETAIL MONACO may also store Customer data as reasonably necessary to comply with its legal obligations, in particular in case of dispute.
ARTICLE 12 - LINKS
The Customer is informed that when using the Website, a link may direct him/her to third party websites not controlled by KAPPA RETAIL MONACO. KAPPA RETAIL MONACO is not liable and shall not be held liable for the content and activities of these websites. The creation of hyperlinks (basic or complex) to the Website is strictly forbidden.
Article 13 – APPLICABLE LAW - DISPUTES
The General Terms and Conditions, and the Orders are exclusively subject to Monegasque law. In case of dispute, only Monaco courts of law have jurisdiction.
For any dispute, the Customer may also use the Online Dispute Resolution Website established by the European Union. This platform is accessible using the following link: http://ec.europa.eu/consumers/odr.
ARTICLE 14 – OTHER PROVISIONS
17.1 Non-waiver: It is expressly agreed that if either party fails to claim the benefit, occasionally or periodically, of any of the provisions of the agreement, it shall not be construed as a future waiver of the application of these provisions.
17.2 Severability: Each of the provisions of the General Terms and Conditions apply to the extent permitted by law and the invalidity, in whole or in part, of a clause does not affect the validity of the rest of that clause or the other provisions of the GTC.
Conditions of return and replacement
Returns are free for any order in mainland France and Monaco via Colissimo, within a period of 14 days from receipt of the order.
For any country other than mainland France, the withdrawal or request for replacement of a product shall be borne by the customer (return cost).
In order for a product return to be accepted, it must necessarily comply with the following conditions:
- return in the original package of all the elements of product(s) (accessories, user manuals, etc.)
- clear products(s), not worn, not damaged (except for trying on)
- original invoice and product return form included in the package
No reimbursement or replacement shall be made in the following cases:
- returned item that is damaged, incomplete or dirty or that has been the subject of observations or express reservations in writing by the user when collected or received.
- products customised by the customer such as match jerseys with customised flocking (except professional players under contract with AS Monaco).
Kappa Retail Monaco has a period of 14 working days to reimburse or replace a product returned by the customer in accordance with the conditions below.
PROCEDURE FOR MAINLAND FRANCE AND MONACO
A free return form shall be made available to you in your package. You will find enclosed a return form to fill in and attach to the package. If these documents have not been sent to you, you may request them by e-mail to email@example.com
PROCEDURE FOR COUNTRIES OTHER THAN MAINLAND FRANCE AND MONACO
As return shall be borne by the customer, a return package should be sent by registered mail with acknowledgement of receipt or by Colissimo Suivi or by any other means enabling the tracking of the parcel. Attach the form by providing the reason for the return, replacement or reimbursement expected.
Products shall be returned at the following address:
Kappa Retail Monaco
1 Promenade Honoré II
Les Jardins d’Apolline
For any additional information please contact or customer service by e-mail: firstname.lastname@example.org or by phone at 00 377 97 77 74 74.