Terms & conditions

GENERAL CONDITIONS OF SALE (GCS)

PREAMBLE

The General Conditions of Sale described below detail the rights and obligations of the company FARHYA MONACO and its customer in the context of the online sale of goods offered from this website.

The company FARHYA MONACO, registered with the RCI (21P09938) whose head office is established in Monaco (98000)

EMail : support@farhya.mc

Hereinafter referred to as "Our Company »;

1) PURPOSE

1. I) Our GTC are intended to describe the terms and conditions of distance selling of goods and services between our Company and the Customer. They express the entirety of the obligations and rights of the parties and exclusively govern their relationship. 

1. II) The present general conditions express the entirety of the obligations of the parties. In this sense, the Client is deemed to accept them without reservation. 

III) These general terms and conditions of sale apply to the exclusion of all other terms and conditions governing the sale of goods and services offered for sale through another distribution channel.

1. IV) Our Company may adapt or modify at any time the present General Terms and Conditions of Sale, it being specified that the applicable General Terms and Conditions of Sale are those in force on the day of the order by the Customer.

1. V) The present conditions only concern purchases made by buyers located in Monaco, in metropolitan France, in Corsica and internationally, and delivered to these territories. 

1. VI) The Customer declares to have read the present general conditions of sale and to have accepted them before the purchase of the goods or the placing of his order. 

This acceptance is manifested by the payment of this one. They are opposable to him in accordance with the terms of article 1119 of the Civil Code and contain all the information listed in article L. 221-5 of the Consumer Code.

2) THE ORDER

1. I) The Customer places his order in accordance with the specifications mentioned on the site, for any product which appears there and within the limit of available stocks.

In case of unavailability of an ordered product, the Customer is informed.

1. II) In order for the order to be validated, the Customer must accept, by clicking on the designated area, the present general sales conditions. He will also have to choose the address and the mode of delivery, and finally validate the mode of payment.

3) PRICES

1. I) Our Company reserves the right to modify its prices at any time but undertakes to apply the prices in force at the time of the order, subject to availability on that date.

1. II) The prices are indicated in euros. The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will automatically be reflected in the price of the products in the online store. 

III) The prices do not take into account the delivery costs, invoiced in supplement, and indicated before the validation of the order. 

1. IV) At no time, the sums paid can be considered as deposits or down payments.

4) PAYMENT

1. I) The products and/or services presented on the site are payable at the order.

1. II) The sale will be considered final only after the sending to the Customer of the confirmation and acceptance of the order by our Company, by electronic mail and after collection by it of the full price.

1. a) Terms of payment

1. I) To pay for his order, the Customer has, at his choice, all the following payment methods made available by our Company: CB, Visa, Mastercard, Maestro, Visa Electron, Paypal.

1. II) Payments made by the Client will only be considered as final after the effective collection of the sums due.

 III) The Customer guarantees to our Company that he has the necessary authorizations to use the method of payment chosen by him, during the validation of the order form. 

1. IV) Our Company reserves the right to suspend any order processing and any delivery in case of refusal of authorization of payment by credit card from the officially accredited organizations or in case of non-payment. 

1. b) Default of payment

1. I) Our Company reserves the right to refuse to make a delivery or to honor an order from a buyer who has not paid in full or in part a previous order or with whom a payment dispute is being administered. 

1. II) Our Company has set up an order verification procedure to ensure that no one uses another person's bank details without their knowledge.

As part of this verification, the Customer may be asked to send us by e-mail a copy of an identity document as well as a proof of address. The order will then be validated only after reception and verification by the salesman of the sent documents.

1. c) Property reserve

1. I) It is agreed that the products and goods delivered and invoiced to the Customer remain the property of our Company until full payment of their price.

1. II) In the event of non-payment, the seller may exercise his right to claim the products and goods.

III) The above provisions do not prevent the transfer to the Client of the risks of loss or deterioration of the products as well as the damage they may cause, as of the delivery date.

5) ELECTRONIC SIGNATURE

1. I) The online provision of the Customer's bank details and the final validation of the order will be considered as proof of the Customer's agreement as regards: 

- Payability of the sums due under the purchase order;

- Signature and express acceptance of all operations carried out.

1. II) In case of fraudulent use of the credit card, the Customer is invited, as soon as this use is noticed, to contact our Company by eMail: order@farhya.mc

6) ORDER CONFIRMATION

Our Company sends the Client an electronic confirmation of the order.

7) PROOF OF THE TRANSACTION

The computerized registers, kept in the computer systems of our Company under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. 

The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as evidence.

8) PRODUCT INFORMATION

The products governed by these General Conditions are those that appear on the website of our Company. They are offered within the limits of available stocks.

The products are described and presented with the greatest possible accuracy. However, if errors or omissions have occurred in this presentation, the responsibility of our Company could not be engaged.

9) PROVISION AND DELIVERY OF PRODUCTS 

1. a) Conditions

 Deliveries are made in Monaco, metropolitan France, Corsica and abroad. Delivery costs are at the expense of the Customer and vary according to the type of order (more information directly on the item sheet of the good). They are indicated to the Customer when he consults the availability of his product.

1. b) Availability

 The period of availability is indicated at the time of the consultation of the product by the Customer. 

In case of unavailability of the ordered product, the Customer will be informed as soon as possible and will have the possibility to cancel his order. The Customer will then have the possibility to ask for a refund of the sums already paid at the latest within thirty (30) days of his payment, or to exchange the product. In case of impossibility of exchange, our Company reserves the right to cancel the order and to refund the sums paid.

1. c) Transfer of risks

Delivery is deemed to have taken place when the carrier makes the ordered goods available to the Customer. It is materialized by the signature of the delivery note by the Customer.

The product(s) ordered travel(s) at the sender's risk; it is therefore the Customer's responsibility to make all necessary observations in the event of damage and to return the goods to the sender according to the procedure described below.

1. d) Terms of delivery

1. I) Delivery means the transfer to the consumer of physical possession or control of the goods. It is made only after confirmation of payment by the seller's bank.

1. II) The ordered products are delivered VIA COLISSIMO

III) The products are delivered to the address indicated by the Customer on the order form, the Customer will have to take care of its exactitude. Any parcel returned to the seller because of an erroneous or incomplete delivery address will be reshipped at the Customer's expense. The Customer may, at his request, have an invoice sent to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.

1. IV) If the Customer is absent on the day of delivery, the deliveryman will leave a notice in the mailbox, which will allow him to withdraw the package at the place and during the time indicated. 

1. V) If at the time of delivery, the original packaging is damaged, torn or open, the Customer must check the condition of the items. If they have been damaged, the Customer must refuse the package and note a reservation on the delivery slip (package refused because opened or damaged).

1. VI) The Customer must indicate on the delivery form and in the form of handwritten reserves accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery form, damaged package, broken products...). 

This verification is considered to have been carried out as soon as the Customer, or a person authorized by him, has signed the delivery note.

The Customer will then have to confirm by registered mail these reserves to the carrier at the latest in the two working days following the reception of the articles and to transmit a copy of this mail by fax or simple mail to the salesman at the address indicated in the legal mentions of the site.

VII) If the products need to be returned to the seller, they must be the subject of a request for return to the seller within 7 days of delivery. Any claim made outside of this period will not be accepted. The return of the product can only be accepted for products in their original condition (packaging, accessories, instructions...).

10) DELIVERY ERRORS

1. I) The Customer shall submit to our Company, on the day of delivery or at the latest on the first working day following delivery, any claim of error of delivery and/or non-conformity of the products in kind or in quality compared to the indications on the order form. Any claim made after this deadline will be rejected.

1. II) The complaint can be made, at the choice of the Customer:

- By phone : 0680867000 ;

- By e-mail: support@farhya.mc

III) Any claim not made according to the rules defined above and within the time limits will not be taken into account and will exonerate our Company from any responsibility towards the Customer. 

1. IV) Upon receipt of the complaint, our Company will assign an exchange number for the product(s) concerned and will communicate it by e-mail to the Client. The exchange of a product can only take place after the exchange number has been assigned.

1. V) In case of error of delivery or exchange, any product to be exchanged or refunded must be returned to our Company as a whole and in its original packaging, to the following address FARHYA MONACO, 5/7 rue Castelleretto, 98000 Monaco

1. VI) Return shipping costs are, in this case, at the charge of our Company.

11) LEGAL GUARANTEE 

Our Company is the guarantor of the conformity of the goods to the contract, allowing the Customer to make a claim under the legal guarantee of conformity provided for in Articles L.217-4 and following of the Consumer Code or the guarantee of defects of the thing sold within the meaning of Articles 1641 and following of the Civil Code.

In case of implementation of the legal guarantee of conformity, it is recalled that :

- the Customer has a period of 2 years from the delivery of the goods to act;

- the Customer may choose between repairing or replacing the good, subject to the cost conditions provided for in Article L.217-17 of the Consumer Code;

- the Customer is exempted from proving the existence of the lack of conformity of the good during the 24 months following the delivery of the good. For second-hand goods, this period is set at 6 months.

The Customer can also decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code, allowing him to choose between the resolution of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.

13) RIGHT OF WITHDRAWAL

1. a) Withdrawal period

1. I) In accordance with Articles L.221-18 et seq. of the French Consumer Code, the Customer has a period of fourteen (14) days to exercise his right of withdrawal, from the day after receipt of the goods[1] by the Customer or by a third party, other than the carrier, designated by him or from the day after subscription to the loyalty program on the site.

1. II) In the case of an order for multiple goods delivered separately or in the case of an order for a good composed of multiple lots or parts whose delivery is staggered over a defined period, the time limit runs from the receipt of the last good or lot or part.

1. b) Contracts not covered by the right of withdrawal

 The right of withdrawal cannot be exercised in the following cases: 

 Contracts for the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection 

1. c) Modalities for exercising the right of withdrawal

1. I) In accordance with the provisions of Article L.121-21 of the Consumer Code, the Customer may exercise his right of withdrawal without having to justify his decision and without having to bear any costs other than the cost of returning the goods.

1. II) In accordance with the provisions of Article L.121-3 of the Consumer Code, the Customer shall inform our Company of his decision to withdraw by sending him, before the expiry of the fourteen day period, the withdrawal form received with the confirmation of his order according to the model attached below or by the form to be downloaded online by clicking here or by any other statement, unambiguous in expressing his desire to withdraw.

III) In case of withdrawal by the Customer transmitted online, our Company will send the Customer an acknowledgement of receipt of the withdrawal by email.

1. IV) The burden of proof of the exercise of the right of withdrawal lies with the Client.

Sample Cancellation Form

(Please complete and return this form only if you wish to withdraw from an order)

To the attention of FARHYA MONACO.

e/We (*) hereby notify you/us (*) of my/our (*) withdrawal from the order number (*) below Ordered on (*)/received on (*) 

the following order number (*) Name of customer(s) Address of customer(s) Signature of customer(s)

(only in case of notification of this form on paper) Date.

1. d) Return of the goods by the Customer

The Customer shall return the goods to our Company within 14 days at the latest from the notification of his retraction according to the modalities defined on the website.

1. e) Refund of the Customer

1. I) Principle

 When the right of withdrawal is exercised for a good(s), our Company is obliged to reimburse the Client for the totality of the sums paid, including delivery costs, without unjustified delay and at the latest within fourteen (14) days from the date on which our Company was informed of the Client's decision to withdraw.

 Our Company may defer the refund until the goods have been recovered or until the Client has provided proof of shipment of such goods. The refund will be made by our Company using the same method of payment as the one used by the Customer for the initial transaction.

1. II) Limits to the right to refund

 It is recalled that in addition to the cases set out above, the responsibility of the Client may be engaged by our Company in particular in case of :

- Deterioration of the goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of these goods;

- any damage caused to the product upon receipt of the goods by the Customer and until their return;

- the incomplete return of the good and its accessories without its packaging, its instructions for use, its Documentation.

 14) LIABILITY

Access to the Site is provided by www.farhya.mc . Our Company does not guarantee users that the site, subject to constant research to improve its performance and progress, will be totally free of errors, defects or faults, that the site being standard and in no way proposed for the sole intention of a given user according to his own personal constraints will specifically meet his needs.

Our Company makes every effort to ensure that the site is continuously accessible and functioning properly.

Nevertheless, given the limitations of the Internet, Our Company cannot exclude the possibility that access to and operation of the site may be interrupted, in particular in the event of force majeure, malfunctioning of the user's equipment, malfunctions of the user's Internet network, or maintenance operations intended to improve the site and its functionalities. In the same way, a constraint related to the host, as in maintenance, having repercussions on the accessibility of the site cannot involve the responsibility of our Company.

Our Company does not guarantee the absence of technical problems, nor the compatibility with a particular configuration and/or material, nor a delay of putting on line, and could not be held responsible for dysfunctions related to the use of additional software.

Consequently, our Company cannot be held responsible for any interruption of the site, whether voluntary or not, it being specified that it undertakes to make its best efforts to limit any interruptions that may be attributable to it.

The user expressly agrees that Our Company shall not be liable for any direct, indirect, incidental, special, consequential or punitive damages, etc., as well as for any loss of profits or revenues, that may be incurred by the user directly or indirectly related to:

- access to or use of the Site ;

- the inability of the User to access or use the Site;

- any conduct or content submitted, published or posted on the Site;

- any unauthorized access, use or alteration of User's transmissions

15) FORCE MAJEURE

 All circumstances beyond the control of the parties preventing the performance under normal conditions of their obligations are considered as causes of exoneration of the obligations of the parties and lead to their suspension.

The party invoking the above-mentioned circumstances must immediately notify the other party of their occurrence, as well as of their disappearance.

Will be considered as force majeure all facts or circumstances irresistible, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which could not be prevented by the latter, despite all reasonably possible efforts. Expressly, are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the courts and French tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the stoppage of telecommunication networks or difficulties specific to telecommunication networks external to the customers.

The parties will meet to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the force majeure event lasts longer than three months, the present general conditions may be terminated by the injured party.

 16) INTELLECTUAL PROPERTY

The content of the website (technical documents, drawings, photographs, etc.) remains the property of the seller, the sole owner of the intellectual property rights on this content.

Customers undertake not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and is likely to constitute an infringement of copyright.

17) PARTIAL NON-VALIDATION

If one or more stipulations of these general conditions of sale are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force and scope.