General Terms & Conditions
GENERAL CONDITIONS OF SALE TO CONSUMERS
The present general conditions of sale of the site www.soleildenuit-bougie.com of the company SOLEIL DE NUIT define the rights and obligations of the parties within the framework of the sale of products by the company to customers.
The present general conditions of sale are completed by the Policy of confidentiality and treatment of the personal data, available on our Internet site.
The Customer declares that he/she has read them and accepts the rights and obligations related to them.
The company may adapt or modify these GTC at any time. The applicable GTC are those in force on the day of the order by the Client.
The company reserves the right to modify obvious errors on the site.
Terminology
"GTC": means the present General Terms and Conditions of Sale. The seller reserves the right to modify them.
"Client": means any natural person of legal age and capacity, not a professional.
"Company or seller" refers to the company SOLEIL DE NUIT, a limited liability company under Monegasque law, registered under the number 21S08757 and whose registered office is located at 2 boulevard Rainier III 98000 Monaco.
The seller can be contacted by e-mail at info@soleildenuit-bougie.com
"Product" means the products whose essential characteristics and prices are indicated in the "product sheet" of the Product in question, available on the website.
"Website" means the www.soleildenuit-bougie.com website.
1. Ordering process
1.1 Customer identification
To place an order, the Customer must log on to the Site. The Site is accessible 24 hours a day, 7 days a week, subject to incidents affecting the level of service.
When ordering for the first time, the Customer must create a customer account via the "CREATE MY ACCOUNT" section and fill in the mandatory information on the form dedicated to this purpose.
The Customer expressly undertakes not to use false information or information from third parties.
Registration on the Site is effective as soon as the Customer clicks on the "I CREATE MY ACCOUNT" button.
When placing subsequent orders, the Customer may access his/her account by entering his/her login and password.
The Customer is entirely responsible for his/her login and password and undertakes to keep them confidential.
1.2 The products
The products offered are those shown on the website www.soleildenuit-bougie.com, within the limits of available stocks. The seller reserves the right to modify the range of products at any time. Each product is presented on the website in the form of a description of its main technical characteristics (materials, dimensions, weight, colour, use). The photographs are as accurate as possible but are not binding on the Seller.
1.3 Placing an order
In order to place an order, customers may select one or more items and add them to their basket. When their order is complete, they can access their basket by clicking on the button provided for this purpose.
Orders are placed exclusively through the website's shop
All Products offered for sale are subject to availability.
When the Customer places an order, he/she expressly acknowledges that he/she has read these GTC prior to the order. Validation by the Customer of the order, by ticking the box "I have read and accept the general terms and conditions of sale", implies acceptance of these GTC. In any event, the Customer will receive a copy of the GTC by e-mail with the receipt of his/her order.
The Customer undertakes to inform the company without delay of any change in the information communicated at the time of the order (such as delivery address(es), billing details, bank references, etc.).
1.4 Summary of the order and choice of delivery method
The Customer checks the contents of his basket and chooses the delivery option (see article 3).
1.5 Payment
Once these steps have been validated, the Customer must select their payment method and validate their payment according to the methods described in article 2.
1.6 Confirmation
The order is firm for the Customer as soon as the order is validated, subject to the implementation of article 7 "Right of withdrawal".
An e-mail confirming the order and payment will be sent to you, confirming that your order has been taken into account.
1.7 Follow-up of the order
Upon receipt of the email sent, the Customer can, by clicking on the buttons "MY ACCOUNT" then "MY LAST ORDERS", follow the progress of their order and delivery.
1.8 Pre-ordering
In the event of a shortage of available stocks or refusal of payment authorisation by banking institutions, Soleil de nuit reserves the right to cancel or suspend any pre-order until it has been dispatched. The express delivery option is not available for a pre-order.
2 . Prices
2.1 The prices of the Products are expressed in Euros, all taxes included.
These prices can be modified at any time by the seller, the prices displayed are only valid on the day of the order and are not effective for the future.
Please note that no VAT exemption will be made for online orders. Please contact us for further information.
2.2. The prices take into account any discounts that may be granted by the company on the website but do not include processing, shipping, transportation and delivery costs.
2.3. The cost of delivery is calculated according to the Products ordered and the delivery method chosen. The cost of delivery is added to the cost of the Products ordered and is indicated before the final validation of the order.
2.4. The company reserves the right to modify its prices at any time, but the products will be invoiced on the basis of the prices in force at the time of validation of the order.
2.5. Various promotional offers may be proposed during the year by the company.
3. Terms of payment
3.1 All orders imply an obligation to pay for the order by the Customer. The Customer acknowledges that placing an order commits him/her to paying for it.
3.2. The price is payable in cash, in full, on the day the order is placed by the Customer, by secure payment, using the following methods of payment: by bank card (Visa, MasterCard).
Payments by bank card are made by means of secure transactions provided by the service provider: Crédit Agricole. Within the framework of credit card payments, the seller of this site has no access to any data relating to the user's means of payment. Payment is made directly to the bank.
After adding your products to the basket, when choosing the payment method, click on the option corresponding to the desired payment.
The Seller shall not be obliged to deliver the Products ordered by the Customer if the Customer does not pay the price in full in accordance with the above conditions.
Payments made by the Customer shall not be considered final until the Seller has actually received the sums due.
The prices of the products in your basket will always be identical to the most recent prices as they appear on the page containing the detailed information on the Products.
3.3. The company retains full ownership of the Products until the effective payment of the full price in principal and accessories.
Once the payment has been received by the company, the latter undertakes to acknowledge receipt of the payment to the client by electronic means within a maximum period of 24 hours.
4. Preparation of the parcel
Orders are processed from Monday to Friday (excluding public holidays).
We do our best to process your order as quickly as possible.
In application of article 9 of the law on the Digital Economy, unless the parties have agreed otherwise, the order must be executed at the latest within thirty days from the day following the day on which the consumer has transmitted his order to the supplier.
If the goods or services ordered are unavailable, the consumer must be informed as soon as possible and given the opportunity to cancel or modify the order.
The consumer then has the choice of requesting either
a) either a refund of the sums paid within thirty days of their payment. In the event of delay, these sums due are automatically increased by half.
b) or the delivery of a substitute good or service equivalent in terms of quality and price. In this case, the costs of returning the substitute goods shall be borne by the supplier, the consumer having been duly informed in advance.
5. Delivery
5.1 The Customer shall be responsible for the accuracy of the delivery details provided to the Company and the Company shall not be liable for any delay or failure to deliver the Goods due to inaccurate delivery details.
The goods must be delivered to the address indicated by the consumer.
5.2 The company has selected several delivery methods in order to best meet your expectations.
Deliveries are possible:
- In metropolitan France, Corsica and Monaco.
- In Europe :
Zone 1: Germany, Belgium, Luxembourg, Netherlands.
Zone 2: Austria, Spain (excluding specific territories), Portugal (excluding specific territories), United Kingdom, Ireland, Italy.
Zone 3: Denmark, Estonia, Hungary, Latvia, Lithuania, Poland, Czech Republic, Slovakia, Slovenia, Sweden, Switzerland.
Home delivery with signature - Colissimo :
- From 2 to 4 working days in Monaco and France after processing the order.
- From 4 to 6 working days to countries in zones 1, 2 and 3 after processing the order.
Delivery costs are calculated according to the weight and the shipping address of your package.
5.3. The Customer is responsible for any customs duties or other local taxes or import duties or state taxes that may be payable.
5.4. If the delivery deadline is exceeded, if this is not due to force majeure, the Client must give notice to the company to deliver within a reasonable additional period, by registered letter with acknowledgement of receipt. If the delivery is not carried out within this period, the Client may terminate the sales contract by registered letter with acknowledgement of receipt addressed to : SOLEIL DE NUIT, 2 boulevard Rainier III 98000 Monaco.
5.5. The company shall not be liable for any loss or damage as from the physical receipt by the Client of the Products ordered.
Delivery is deemed to have taken place when the carrier makes the ordered goods available to the Client. It is materialised by the signature of the delivery note by the Client.
6. Complaints.
6.1 By signing the delivery note, the customer accepts the products delivered as is.
Upon receipt of your packages, it is imperative to check the contents in front of the carrier. WARNING, in the event of damage noted on your product, refuse the parcel imperatively by specifying the mention: Refused (you can indicate the cause: Example Refused damaged).
6.2 Except in the case of the right of withdrawal, any return of goods requires the prior agreement of the company, it being specified moreover that any partially used product cannot be returned. In the absence of agreement, any returned goods will be held at the customer's disposal at his expense, risk and peril, all transport, storage and handling costs being at the customer's expense. In all cases, the return of goods is at the customer's expense, risk and peril.
Please note that you must return the damaged item to us, even if it was delivered to you completely damaged. Upon receipt of the item and after ascertaining the damage, we will exchange or refund you, as you wish. You must not throw away any items.
7. Retraction
7.1. According to article 10 of the Monegasque law n°1.363 on the Digital Economy, you have a period of seven (7) calendar days to exercise your right of retraction from the day of receipt of the product(s).
For customers located in the European Union, you have a period of fourteen (14) calendar days to exercise your right of withdrawal from the day of receipt of the product(s).
Returns must be made in their original condition and complete (packaging,). In this context, your responsibility is engaged. Any damage suffered by the product on this occasion may be such as to defeat the right of withdrawal.
You are responsible for the costs of returning the goods.
7.2. If the Customer exercises his right of withdrawal, the following procedure shall apply: - The Customer shall inform the company of his wish to withdraw from the contract.
The Customer shall inform the company of his wish to exercise his right of withdrawal by sending the following form, completed on plain paper, to the seller. Download the withdrawal form.
- The Customer shall return the goods to the following address, at his own expense, no later than 7 days following the communication of his decision to withdraw SOLEIL DE NUIT, 2 boulevard Rainier III 98000 Monaco.
How to proceed with a return? In order to proceed with the return, download here the return request form to be sent by e-mail to info@soleildenuit-bougie.com, duly completed and signed.
Upon receipt of this document, we will analyse your request to check that it corresponds to the conditions of return indicated in our General Terms and Conditions of Sale and in particular that the product is not used or damaged.
You are responsible for the shipping costs.
Please note: your package must be returned to us in its original packaging (branded bag and/or box).
It is your responsibility to keep any proof of the return of the package to our warehouse in case of a dispute. You are responsible for your return and we advise you to ensure that your package is well packaged to avoid any loss or damage to an item during transport.
Upon receipt of the returned package, the refund or all or part of the order will be made within a maximum of 14 days by crediting the credit card used for payment.
8. Force majeure.
The company shall not be held responsible for the non-performance of the contract concluded due to the occurrence of an event of force majeure.
All facts or circumstances that are irresistible, unforeseeable and beyond the control of the parties shall be considered to be fortuitous events or cases of force majeure exempting them from liability.
9.Processing of personal data
9.1. The company takes very seriously the respect of the private life and the protection of the personal data of its Clients and undertakes to implement adequate measures to ensure the protection of personal data (hereinafter the "Data") and to process and use such data in compliance with the applicable provisions and in particular the Monegasque regulations, Law n. 1.165 of 23/12/1993 as amended on 4 December 2008 on the protection of personal information, and the European General Regulation 2016/679 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (RGPD).
We ensure that your data is processed in a way that guarantees an appropriate level of security. Your personal data will not be kept longer than is necessary to manage the business relationship.
9.2. The Data is processed by the Company acting as data controller for the purposes set out in the Privacy Policy and Personal Data Processing Policy, available on our website (hereinafter the "Privacy Policy").
9.3. Personal data is used mainly to process your orders or requests (registration for our newsletter, participation in a game, request for information, user account management, activation of guarantees, product quality reminder and monitoring, etc.) to get to know you better (statistics, etc.) and in particular to personalise communication and the product offer, to measure your satisfaction, to draw up statistics, to defend our interests and/or to meet legal obligations.
The information that is essential to enable you to benefit from our services is indicated to you at the time of its collection. Other information requested from you is optional but is still important to enable us to serve you better.
9.4 The Data is kept for the time strictly necessary to fulfil the purposes set out in the Privacy Policy.
9.5 Every individual has the right to access, rectify, delete, portability of Data as well as to limit and oppose the processing and to organise the fate of their Data after their death. These rights may be exercised in accordance with the procedures set out in the Privacy Policy.
If the right to object is exercised, all communication with the Customer (excluding account management) will cease.
For full information on the processing of Data, please refer to our Privacy Policy.
10. Miscellaneous
10.1. In the event that any of the terms of the GTC are deemed illegal or unenforceable by a court decision, the other provisions shall remain in force.
10.2. The information provided by the Website is authentic between the parties. Elements such as the time of receipt or transmission, as well as the quality of the data received, shall be deemed authentic by priority as they appear on the vendor's information systems, or as they are authenticated by the vendor's computerised procedures, unless the Customer provides written proof to the contrary. The scope of proof of the information provided by the seller's computer systems is the same as that given to an original in the sense of a written paper document, signed by hand.
10.3. Failure by the Customer to comply with the obligations under the terms of the GTC, and in particular in the event of fraud or attempted fraud, and any incident of payment of the price of an order, may result in the suspension of access to the Website, or even the termination of the Customer's account, depending on the degree of seriousness of the acts in question, without prejudice to any damages that the seller may seek. Consequently, the seller reserves the right to refuse any order from a Customer with whom such a dispute exists.
11. Law - Dispute - Liability
11.1 The language of these GTC is French.
These online sales conditions are subject to Monegasque law and in particular to Law n° 1.383 of 2 August 2011 on the digital economy and Law n° 1.482 of 17 December 2019 for a digital Principality.
In the event of a dispute, jurisdiction is attributed to the competent courts of Monaco, notwithstanding multiple defendants or the introduction of third parties.
11.2. The seller cannot be held responsible for a failure to fulfil one of its obligations resulting from the occurrence of a case of force majeure, as defined by the Civil Code.