Margy’s Monte Carlo and our website(s) www.margys.com and related services are made available to you in accordance with the following Terms and Conditions, and any other rules posted on our Sites (collectively, the « TAC »). Please read the TAC carefully before placing any orders on www.margys.com. We recommend you should keep a copy of the TAC for future reference.
Margy’s Monte Carlo is a trading name of MARGYS.COM SA, a company registered in Chateau D’Oex, Canton de Vaud, Switzerland under the Trade Registrar Number CHE-324.445.877 (Office of Trade Register : Registre du Commerce du Canton de Vaud, Switzerland). Our registered address is Route de la Frasse 26, CH-1660 Chateau D’Oex, Switzerland.
We may modify the TAC from time to time. Please read the TAC and check back often. If you do not agree to any change to the TAC then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.
ELIGIBILITY TO PURCHASE
In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid a correct and you confirm that you are the person referred to in the Billing information provided.
The Site is available only to individuals and others who meet the Margy’s Monte Carlo terms of eligibility, whose applications are acceptable to Margy’s Monte Carlo and who have authorized Margy’s Monte Carlo to process a charge or charges on their credit/debit card or any other offered payment method in the amount of the total purchase price for the merchandise which they purchase. Margy’s Monte Carlo reserves the right to restrict sales or shipments, to countries not allowing the selling or shipping of goods such as Margy’s Skin care Products and/or if some of the provided information appears to be doubtful, e. g. high multiple quantities of an item being shipped to any one Customer or postal address.
By making an offer to purchase merchandise you expressly authorize us or our payment partners to perform credit checks and where Margy’s Monte Carlo or our payment partners feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorization and to authorize individual purchase transactions.
Prices shown on this Site are in Euros and are inclusive of VAT at the applicable rate. These prices are valid for all shipments within the European Community. Shipments outside the European Community are free of VAT. In those cases the prices will be corrected (reduced) automatically at the end of the order and check-out process. Same happens for shipments within the European Community if the order is placed by a company that owns a valid VAT-number and leads this number to Margys Monte Carlo within the order and checkout-process.
All prices and offers remain valid as advertised from time to time. The Euros price of a product displayed on the site at the time the order is accepted will be honored, except in cases of patent error.
Product prices are set at the beginning of each New Year in January. These prices are subject to change for any reason at any time. All prices are valid until new prices appear, except for offers or special offers with clearly defined timelines – in these cases prices for those offers or special offers will not change until the defined timeline is over.
Customers purchasing from a country outside the European Community will be charged for the items purchased and shipping costs only. Import duty or tax costs will be invoiced to you directly from the customs of country of import, the transportation company or an import broker appointed by you. We recommend you to contact your local customs authority to determine a landed cost price prior to purchase completion.
If you are a Customer whose credit/debit card is not denominated in Euros, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.
ACCEPTANCE OF YOUR ORDER
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.
Acceptance of your order and completion of the contract between you and Margy’s Monte Carlo will be completed when we email you to confirm the goods have been dispatched. The sale contract is therefore concluded in Chateau d’Oex, Switzerland and the language of the contract is English and French.
We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the TAC.
We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time a to our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
Payment can be made by Visa, Master Card and American Express, debit cards, and any other methods which may be clearly advertised on the Site from time to time.
Payment of the price is due in full upon the submission of the order. If the price is not received in full in cleared funds, the product will not be delivered.
You confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to Margy’s Monte Carlo or Margy’s Monte Carlo’s payment partners, we will not be liable for any delay or non-delivery.
We take reasonable care to make our Site secure; All credit/debit card transactions on this site are processed thru a certified payment-partner who encrypts your card details in a secure host environment. If you are registered Margy’s Monte Carlo user, only our payment partner will store your credit/debit card details on his systems. These details will be fully encrypted and only used to process card transactions which you have initiated.
To help ensure that you’re shopping experience is safe, simple and secure Margy’s Monte Carlo uses Secure Socket Layer (SSL) technology.
Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.
INSURANCE AND DELIVERY
Margy’s Monte Carlo insures each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by Margy’s Monte Carlo, and transfer of responsibility in the same way.
Please note that we aim to dispatch all orders within 2 to 3 days in Europe at the applicable rate. the same applies for shipments by “super-express” within 24 to 48 hours. However, Margy’s Monte Carlo is not responsible for any delays caused by destination customs clearance processes.
RETURNS AND EXCHANGES
Cancelling your order under the distance selling regulations
If you are based in the European Community under the Consumer Protection (Distance Selling) Regulations 2000 (DSRs), you have the right to cancel your order with us, provided you give us written notice within 7 working days of receipt. In addition we give you the same right based on the same regulations if you are based outside the European Community. Notice of contract cancellation under the DSRs must be given in writing to:
Route de la Frasse 26
CH-1660 Chateau D’Oex
or by email to : firstname.lastname@example.org
For orders cancelled under the DSRs, we will issue you with a full refund including the shipping cost. However you will need to return the entire order to us by secure means to ensure it reaches us in good condition, at your own cost. Cancelled orders should be returned to:
Route de la Frasse 26
CH-1660 Chateau D’Oex
All items must be returned unused and in their original condition, from the original delivery country.
We recommend that you insure the return shipment as you are under a duty to take reasonable care of the goods and will be liable for damage to them until we receive the mat our warehouse. In case of dispute, we also recommend you retain proof of sending. Refunds will be issued within 30 days of us receiving your cancellation notice and the after we have received back the items you ordered. If we do not receive the cancelled order back, we will arrange to have it collected from you at your cost.
Please note you may only use your right to cancel the order under the DSRs if you give us formal written notice of cancellation within 7 working days of receiving the order, by email or post as described above.
INTELLECTUAL PROPERTY RIGHTS
Your use of the Sites and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as described in the Content section below). Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.
In addition to the Intellectual property rights mentioned above, « Content » is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. Margy’s Monte Carlo does not promise that MARGY’S Monte Carlo Content is accurate or error-free. MARGY’S Monte Carlo does not promise that the functional aspects of the Site or MARGY’S Monte Carlo’s Content will be error free or that this Site, MARGY’S Monte Carlo Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.
You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the TAC, we may deny you access to this Site on a temporary or permanent basis.
NO COMMERCIAL USE
This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site.
You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising on your own Site.
You acknowledge and agree that no joint venture, partnership, employment, or agency Relationship exists between you and MARGY’S Monte Carlo as a result of the TAC or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of Margy’s Monte Carlo, and we shall not be liable for any representation, act, or omission on your part.
If you breach the TAC and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the TAC.
The TAC together with all our policies and procedures will be governed by and construed in accordance to the relevant Canton de Vaud law and the relevant courts of Switzerland will have exclusive jurisdiction.
Any and all products ordered through the Margy’s site are subjected to the governance of the Canton de Vaud, Switzerland.