Terms and conditions

Scope of Application of these Terms & Conditions of Sale

The general Terms & Conditions of Sale (hereafter referred to as “T&C”) of “www.zegg-cerlati.com” (hereafter referred as the “Site”) apply to any order of products on sale via ZEGG & CERLATI – SAM de BIJOUTERIE’s website, whose registered office is ‘Place du Casino MONACO (98000)’, registered at the Monaco Register of Trade under number 56 S 00658 (telephone: +377.99.99.66.22/fax: +377.99.99.66.12/ email: online@zegg-cerlati.com ). For this reason, any order placed by a person (hereafter referred to as the “Customer”) on the Site implies full and whole acceptance of the T&C.

The T&C that apply to the sale contract between ZEGG & CERLATI and the Customer are those in force on the day that the Customer validates the order. They replace all other conditions.

ZEGG & CERLATI reserves the possibility to adapt or modify the T&C without notice; the adaptations or modifications will then immediately apply to all further orders taken subsequently to these adaptations or modifications without formality, which the Customer accepts irrevocably and without reserve.

Article 1 – Orders Placed Via the Site
Conditions for Ordering a Product

To place an order on the Site, the Customer must be legally of age and have the legal capacity to enter into contracts.

Please be informed that the Site is designed to sell products to end-users only. Consequently, the Customer declares that they do not buy products on the Site for direct or indirect resale purposes.

Any order placed in violation of the conditions and declarations referred to above will be regarded as null and void.

Creation of a ‘Customer Account’

The first time a new Customer orders via the Site, he or she may create a customer account (hereafter referred to as the “Customer Account”), which involves saving an alpha-numeric Login name and password. To create a Customer Account, the Customer will have to provide personal information such as surname, first name, email address and confirmation of being of adult legal age. However, the creation of an account with Zegg & Cerlati is not mandatory, the Customer can purchase any item without creating an account.

It is the Customer’s responsibility to ensure that their password remains secret. ZEGG & CERLATI is not responsible in the event of fraudulent use of the Customer Account by a third party, which the Customer accepts without reservation.

Placing an Order

Placing an order via the Internet site is subjected to strict respect of the procedures described below, done through a succession of different screens which indicate the successive steps that the customer must imperatively follow to validate their order.

1 – First step: Customer selection of items

The Customer must enter and confirm the identity and quantity of the products which they wish to order. The items will be automatically added to “My Cart”.

2 – Second step: Check chosen items

Prior to the final check-out, all orders placed through the Site are shown in the “Cart” with both quantity and price displayed in a table. Before validating the order, the Customer can freely modify his or her “Cart” and either remove selected items or add additional ones by clicking on the corresponding elements in his or her “Cart”. The item price is automatically displayed in the “Cart”.

3 – Third step: Confirm selected products – Validate order

Once the Customer has finished his or her selection, he or she have to validate the contents of their “Cart” in which the price of articles is automatically shown.

The Customer will then have to choose one of the delivery methods given in Article 4 below and validate the delivery address of the order; delivery is free.

The order is then confirmed and validated by the Customer clicking on “XXXX” at the end of the summary table to submit the order.

The Customer must finally choose the payment method, fill out the corresponding form and then click on “Finish my order” to debit this or her credit card or PayPal account or give the appropriate bank wire instruction. As long as this action is not complete, the order is not final and the Customer has the possibility of returning to his or her “Cart”.

Clicking on “Place order” constitutes an electronic signature as foreseen by articles 1163-1 of the Monegasque Civil Code, and amounts to the validation of the order and the acceptance of the terms defined in the herein T&C. The Customer thus irrevocably authorises their bank to debit their account to the amount of the statement transmitted by the Company, even in the absence of an invoice personally signed by the cardholder.

Once the order has been finalized according to the procedure outlined before, the order number will appear. It is recommended that the Customer saves and/or prints the order reference in order to keep it and, if needed, justify it to ZEGG & CERLATI.

4 – Fourth step: Order validation by ZEGG & CERLATI

After validation of the payment, ZEGG & CERLATI acknowledges receipt of the order by email sent to the email address given by the Customer.

The sale will only be regarded as final when ZEGG & CERLATI sends an order acknowledgement.

This confirmation email again summarizes the entire information communicated by the Customer and specifies the conditions and the delivery date, which will not exceed thirty (30) days. This email will be sent as soon as possible. The Customer will consequently have to provide a correct and active email address when giving their contact details.

If ZEGG & CERLATI notices an error or an inconsistency in the information given (e.g. an incorrect delivery address) the Customer will be informed by email or telephone. If the Customer does not rectify the incorrect elements on the order with ZEGG & CERLATI within fourteen (14) days following the request, ZEGG & CERLATI reserves the right to purely and simply cancel the order, as well as the payment with the deduction of processing fees amounting to €100. In this case, the Customer is reimbursed within a maximum delay of thirty (30) days, with deduction of the processing fees mentioned above.

The Customer expressly renounces rights to claim anything whatsoever concerning this cancellation.

Order refusal by ZEGG & CERLATI

In accordance with Monegasque laws, ZEGG & CERLATI reserve the right to refuse an order made via the Site for legitimate reasons, including, but not exclusively: payment difficulty, delivery difficulty, or an order which is considered abnormal, particularly regarding the quantity of items ordered, the professional capacity in which the Customer is acting, or suspicions of fraud.

Article 2 – Products and Services

Only products and services offered by the site on the day of order and identified as available can be sold to the Customer. In the case that all or part of the items ordered by the Customer are not available, ZEGG & CERLATI undertakes to inform the Customer by email as soon as it becomes aware or this unavailability. The Customer will then be reimbursed the value of their order within a maximum of thirty (30) days after this information.

ZEGG & CERLATI is authorised to remove items from sale at any moment.

Photographs and graphics illustrating products on the Site are given by way of illustration and are not contractual. Consequently, ZEGG & CERLATI’s responsibility is not engaged in case of small errors or omissions in one of its photographs or graphic representations.

The Customer is furthermore responsible for consulting the detailed description of each product – which alone provides precise characteristics and possible conditions for use and maintenance. The Customer is invited to contact customer services (see article 9 below for contact details) for any further information they may wish to have.

It should be noted that manufacturers of products may at any time, modify the technical composition of products. ZEGG & CERLATI is therefore authorised to change the technical description accordingly, without its responsibility being engaged if it has not done so, the Customer is obliged to obtain information directly from the brand. ZEGG & CERLATI is also authorised to modify the written content and description in order to make any improvements it considers useful.

In addition to products on sale on its Site, ZEGG & CERLATI offers additional services: engraving, size adjustment, etc…. Certain services mentioned on the Site are however only available in shops, in accordance with what is specified on the Site.

Article 3 – Price and Payment – Invoicing
Price

Current prices are those that appear on the Site at the time of order, except for obvious error. The prices are fixed and non-revisable during the period of validity of the offer indicated on the Site. They are indicated in Euros, including all taxes. Value-added tax is applied at the rate in force in Monaco on the day of the order. ZEGG & CERLATI may at any time and without notice, reflect on the price of products and services and change the applicable rate, without formality.

ZEGG & CERLATI is not bound if an obviously ridiculous price error is posted, for whatever reason (IT bug, manual error, technical error). In this case, ZEGG & CERLATI will inform the Customer as soon as possible and the order will be cancelled.

Delivery is free, as indicated in Customer order summary form.

ZEGG & CERLATI reserves the right to propose promotional codes. These promotional codes can only be generated by ZEGG & CERLATI and may not be used for products already subject to other promotions, whatever they are (sale items, price reductions, etc….).

Payment

The Customer can pay for their order online by credit or debit card for an amount of up to € 15.000 (Visa, MasterCard, Amex), by bank transfer (for amounts over 1,000 Euros) or via PayPal.

In order to pay by credit or debit card, customers must provide their card number and/or bank details by completing the online payment form.

By giving their card number and/or bank details the Customer accepts in advance and without conditions that ZEGG & CERLATI will carry out the secure transaction. The Customer thus authorises their bank in advance to debit their account in accordance with the statement transmitted by ZEGG & CERLATI. If the Customer’s bank card issuer refuses to authorise the payment, it falls to the Customer to contact the issuer in order to resolve the problem.

The Customer’s bank card is entirely debited on the day that the order is validated by ZEGG & CERLATI.

In no case shall ZEGG & CERLATI be held responsible in the event of fraudulent use of a bank card used to pay for a purchase on the Site.

Customers wishing to pay for their order by PayPal must provide their PayPal logon and password in the online form.

Invoicing

All Customer invoices for purchases on the Site are available in the section called “My account”. They are kept for a five-year (5) period.

Once identified, the Customer can download and print invoices at any time within the above-mentioned time limit, if necessary.

Article 4 – Delivery
Delivery Period

The delivery periods indicated refer to working days and start as from reception of the email confirming that the delivery company has taken possession of your parcel. It complies with average times and corresponds to the delay in forwarding the order, not including time taken to prepare the order.

When one order contains several items with different delivery dates, the delivery date of the order to be taken into account is the furthest date, subject to the possibility that ZEGG & CERLATI splits deliveries. In any case, the cost of preparation and delivery is free to the Customer.

The products are delivered to the address indicated by the Customer at the time of placing the order. ZEGG & CERLATI’s responsibility shall not be engaged in the event of problems with the delivery or of failure to deliver.

Home Delivery

The Customer can request delivery of products to the address given when placing the order.

For items in stock at the time of order, the Customer can choose between two types of delivery:

Either by coming to collect the order from a shop,
Or by specialised delivery company with an average delay as mentioned below, as from the day after reception of an email confirming that the delivery company is in possession of your parcel (duration is given as an indication and is non-contractual),
France: from 2 to 5 working days,
Switzerland: from 3 to 7 working days,
European Union: from 3 to 7 working days,
Other destinations: from 5 to 15 working days.

It is specified that orders made via the Site on Friday afternoons, Saturdays or Sundays will be processed the next working day. Orders made via the Site on a public holiday other than a Friday afternoon, a Saturday or a Sunday will be processed the next working day.

Damaged Parcels

Any doubts about the condition of the parcel (open or damaged) must immediately be notified to the transporter at the time of the delivery when the parcel is hand delivered. The Customer must also imperatively contact Customer Service (see article 9 below for the contact details) within two (2) days following delivery of the order so that ZEGG & CERLATI can contact the delivery company without delay. If no doubt is raised about the state of the parcel at the time of delivery, when it was hand-delivered, or if this is not notified to Customer Services within the time referred to above, the parcel will be considered as delivered in good and valid condition, with all appropriate consequences.

Late Delivery

In the event of a delayed delivery compared to the foreseen date, Customers are invited to check the status of their order on the transporter’s website using the delivery number. In the event of difficulty or of a delay of more than 7 days, the Customer is invited to contact Customer Service (see article 9 below for the contact details). If the product is located by ZEGG & CERLATI, it will be resent to the Customer’s delivery address at the expense of ZEGG & CERLATI. If the product is not located, ZEGG & CERLATI will refund the entire price paid for the order by the Customer within thirty (30) working days following the initially-envisaged delivery date with justification of full payment of the price and identity.

Article 5 – Right of Retraction/Conditions of Return/Conformity of Products
Retraction Delay

The Customer has a right of retraction of fourteen (14) calendar days as from the date of receiving the order.

The Customer’s right of retraction relates to each individual item in the order and the Customer is not obliged to retract all products. You are reminded that the right of retraction does not apply to personalized products.

The Customer must inform ZEGG & CERLATI of his or her decision to retract before the end of the period referred to above, by sending the duly completed retraction form available on the Site in the section “Services – Product Return” or another unambiguous declaration expressing the wish to retract, either by email to online@zegg-cerlati.com or by post to: ZEGG & CERLATI – SAM de BIJOUTERIE Service E-Commerce, Place du Casino, 98000, MONACO.

Proof of exercising the right of retraction must be provided by the Customer.

The product must be returned in its original packaging in perfect condition to request a full exchange or refund without penalties, except for the cost of return which is generally paid by the Customer (for exception see below). If the deadline expires on a Saturday, Sunday, or a public holiday, it is extended until the next working day.

It will be refunded within thirty (30) days at the latest from the date on which ZEGG & CERLATI was informed of the Customer’s decision to retract.

The costs of returning the product are the Customer’s responsibility, except when the reason for the return is product defect or non-conformity. The Customer is informed that returning items incurs risks. It is therefore recommended that an insurance policy is taken out in relation to the value of the returned goods. ZEGG & CERLATI’s responsibility shall not be sought or engaged in this regard, for any reason whatsoever.

Returns Procedure

The Customer can return an order within the above-mentioned time limit by post or specialized delivery company, to the following address: ZEGG & CERLATI – SAM de BIJOUTERIE Service E-Commerce, Place du Casino, 98000, MONACO.

A refund will be made if the product is returned in accordance with conditions defined below.

The cost of returning the product are the Customer’s responsibility, except when the reason for the return is product defect or non-conformity. The Customer is informed that returning items incurs risks. It is therefore recommended that an insurance policy is taken out in relation to the value of the returned goods.

All product returns must be made by post or by a specialised transport company. It is imperative for the customer to add the returns voucher available from the Site (in the section “My account”, “FAQs”) to the parcel, which – once selected – will be sent by email by our returns “hotline”. Our hotline is available Monday to Friday during the following hours: from 10 a.m. to 1 p.m. and 2 p.m. to 6 p.m. GMT on number +377.99.99.66.21. The returns voucher must be printed and joined to the front of the parcel, addressed to ZEGG & CERLATI within fourteen (14) days following reception of the product.

Parcels which do not have a valid returns voucher or which do not comply to the return conditions stated in the delivery note of the original parcel will not be processed by Zegg & Cerlati and will be sent back in the same state to the Customer’s last known address. Thus, there will be no refund.

Returns to a shop

The Customer may return a product to a ZEGG & CERLATI shop, whereupon a credit note of the same value as the returned item will be issued. The value of the product is the same as the value on the day that it was ordered. No refund may be given.

In the case of a return to a shop, the Customer must present proof of identity, the invoice available in the Customer Account, as well as the same credit or debit card used for the order.

Time Limits

In all cases, items must obligatorily be returned in their original jewel box or packaging, accompanied by the note and the guarantee provided with the products. Products must not have been worn and be in perfect condition, without damages or deterioration (cracks, scratches, personalisation, engravings, size adjustment of the bracelet).

The right of retraction does not apply to products that have been personalised at the request of the customer (engravings, size adjustments)

Article 6 – Guarantee/After-sales Service
Manufacturer Guarantee

Products sold by ZEGG & CERLATI carry a supplier’s guarantee from 12 to 24 months as from the date of purchase, according to the brand. This guarantee covers any manufacturing or operating defect under the conditions defined in the guarantee notice provided by the manufacturer, which is given at the time of purchase.

For any return that falls within conditions covered by the guarantee, the product must be either mailed by postal service or courier to Zegg & Cerlati or brought by the Customer to a ZEGG & CERLATI shop of the Customer’s choice, along with the certificate of guarantee and the purchase invoice, if required.

For more information on the supplier’s guarantee and excluded cases, the Customer is invited to consult the guarantee notice.

Legal Guarantee

Independently of the contractual guarantees referred to above, the Customer has legal guarantees identical to those which would apply to a shop purchase. The main provisions governing the legal guarantee are applicable to the law of the Principality of Monaco and correspond to the ones applicable to the Zegg & Cerlati stores.

After-Sales Service

Apart from individual guarantees, the Customer benefits from the in-store after-sales service, which repairs certain technical problems that may occur after the purchase of a product. In the event where special repairs are needed, it will be suggested to the Customer that the article is sent to specialised workshop following an estimate.

Article 7 – Contact and Hotline

The Hotline can be contacted by telephone on +377.99.99.66.21 from Monday to Friday from 10am -1pm and 2 – 6 pm GMT for all questions relating to the use of the Site.

For other questions or complaints about ZEGG & CERLATI products, please contact our Customer Service department by email at online@zegg-cerlati.com. ZEGG & CERLATI is committed to replying within a very short time.

Article 8 – Rights Concerning Intellectual and Industrial Property

All elements published on the Site, such as sound, images, photographs, videos, text, animations, programs, logos, utilities, databases, software, and other underlying technologies are protected by the legal and lawful provisions and uses in force as regards intellectual property belonging to ZEGG & CERLATI and where applicable, to its partners.

Any total or partial reproduction, modification or use of brand names, illustrations, images and logotypes present on the Site, for whatever reason or of whatever nature, are strictly forbidden and render the perpetrator responsible.

Article 9 – Data Protection/Safety of Transactions
Personal Data Processing

Collecting personal data which is provided during an online sale is obligatory; this information is necessary for processing and delivering orders as well as for invoicing purposes. This information is strictly confidential and is processed in the respect of the data protection law 11.65 regarding protection of personal data (CCIN) under the conditions stated in our policy relating to personal data processing.

ZEGG & CERLATI promises to undertake all precautions to protect personal data given by the Customer on the Site, to prevent loss, theft or fraudulent use. ZEGG & CERLATI uses “Secure Sockets Layer – SSL” Internet security encoding on all the web pages on which personal data is collected. However, ZEGG & CERLATI cannot guarantee the absolute integrity and safety of data communicated by the Customer on the Site and – for this reason – cannot be held responsible in the event of use of this data by a third party, in particular due to data-processing hacking.

In accordance with the data-processing law, the Customer has a right to access, modify, correct, oppose and delete personal data relating to him or her. To exercise these rights, the Customer must send an email to: online@zegg-cerlati.com, or contact Customer Services on +377.99.99.66.21

Safety of Transactions

For the payment requirements of the customer`s orders, banking information and data are collected by Monext, our partner bank for payment. The solution for processing your payment is managed by Monext which has PCI-DSS certification from Visa and MasterCard. This standard is an international safety protocol whose objective is to ensure the data protection of credit cards. 

Article 10 – Non-waiver

The fact that ZEGG & CERLATI abstains from demanding one or other of the provisions of the T&C shall not be interpreted as a renunciation to request the aforementioned total or partial provision in the future.

Article 11 – Validity of the T&C

If any one of the provisions in the T&C is declared wholly or partly null and void, the other provisions will remain unchanged and remain applicable.

Article 12 – Limitation of Responsibility

ZEGG & CERLATI cannot be held responsible for interruptions or delays noted in the Site or in Customer Services due to maintenance work, technical problems, interruptions to the telephone network, Internet network, or – more widely, due to unforeseen circumstances, because of a third party, or for any circumstances whatsoever, independent of its will.

Article 14 – Applicable Law and Court of Jurisdiction

These T&C, as with all dealings between the Customer and ZEGG & CERLATI, are exclusively submitted to the law of Monaco.

In the event of litigation, the Monegasques courts are the only qualified courts, to the exclusion of all others.

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