LEGAL NOTICE AND TERMS OF SALE

LEGAL NOTICE

Website edited by Fabienne Malausséna – sole proprietor – registered with the Registry of Commerce and Companies of Nice under the number 427 692 934 R.C.S. Nice

Trade name: ACO – Business address: 2 rue Rossetti 06300 Nice – VAT identification number: FR 62 427692934.

To contact Monolyt, you can write to the following address: Fabienne Malausséna – 2 boulevard de Cimiez – Entrée 6 – 06000 – Nice or send an email to the following address:

fabienne@monolyt.fr or call 06 64 41 72 78.

The technical hosting of the website is provided by the company PLANET HOSTER.

GENERAL TERMS AND CONDITIONS OF SALE

Fabienne Malausséna offers online sales of her creations through her website, www.monolyt.fr (hereinafter referred to as the “Website”). This online sales system is referred to as “Online Sales.”

These General Terms and Conditions of Sale (hereinafter referred to as “GTC”) are intended solely for consumers, as defined by law and jurisprudence, who act exclusively for their own account and have full legal capacity.

You declare as follows:

• that you are at least 18 years old and have the legal capacity to enter into a contract, or that you have obtained authorization from your legal representatives to place an order on the Site;
• procéder à l’achat de Création(s)à des fins qui n’entrent pas dans le cadre de votre activité commerciale, industrielle, artisanale, libérale ou agricole.

The General Terms and Conditions of Sale applicable are those in effect at the date of order validation.

By placing an order for a Creation available for sale on the Site, you fully and completely accept the General Terms and Conditions of Sale and the General Terms and Conditions of Use, which you acknowledge having read prior to any purchase of products by submitting the order form.

Therefore, it is requested that you carefully read the General Terms and Conditions of Sale and the General Terms and Conditions of Use of the Site before proceeding with any purchase.

Fabienne Malausséna reserves the right to modify the General Terms and Conditions of Sale at any time by publishing a new version on the Site.

CREATIONS OFFERED FOR SALE ON THE SITE.

In accordance with articles L. 111-1 and L. 111-3 of the Consumer Code, the essential characteristics and prices of the Creations sold electronically are available on the Site. The Creations offered for sale are those displayed in the collections accessible on the Site and accompanied by the “add to cart” option, subject to exceptional unavailability and within the limits of available stock.

Information (name, definition, reproduction of the Creations, descriptive information (properties, dimensions, characteristics, composition)) regarding all the Creations is available on the Site.

All the Creations offered for sale on the Site are brand new.

While taking great care and utmost accuracy in uploading information and descriptions related to the Creations and data available on the Site, Fabienne Malausséna cannot be held responsible for any non-substantial errors that may occur.

The photographs of the Creations are provided for illustrative purposes only and have no contractual value. You are invited to refer to the description of each Creation to obtain precise information about its characteristics. The photographs of the Products presented on the Site are as faithful as possible, although Fabienne Malausséna cannot guarantee a perfect identity between these photographs and the corresponding actual Products. Thus, differences may result from the color quality of the photographs or, without being exhaustive, from technical adjustments. These possible differences cannot in any case be interpreted as non-conformity defects leading to the cancellation of the sale.

ORDER PLACEMENT

Orders are placed through the website. If you wish to purchase a Creation on the website, you must follow the purchasing process after selecting the desired items.

Fabienne Malausséna reserves the right to refuse any order placed by a Buyer with whom there is a dispute regarding payment for a previous order.

Selection of Creations: You can select the Creations of your choice (subject to availability for online sale). These are unique pieces, so there is no stock. The delivery costs are offered to you by MONOLYT. The total price includes all taxes.

Invoicing:You will need to provide the billing name and address during the checkout process. An email will be sent to you containing the invoice for your purchase.

Livraison : The delivery times will be specified based on the chosen shipping method and the destination country of the products.

Indisponibilité des Créations de la Commande : In the event of unavailability of the ordered creations, Fabienne Malausséna will inform the buyer as soon as possible.

• She will offer the buyer the option to provide a creation of equivalent quality and price.
• If the buyer refuses the alternative option, Monolyt will refund the buyer within a maximum of thirty (30) days from the receipt of payment.

Monolyt is not intended to sell its Creations in large quantities. Therefore, Fabienne Malausséna reserves the right to refuse orders for more than 10 items.

PRICES AND PAYMENT TERMS

The selling price of the Creations is the one stated on the Website.

The price of the Creations sold on the Website is indicated, for each item, in Euros (€) and includes all taxes (VAT), based on the rates communicated to the Buyer. The prices also include standard packaging fees and delivery charges.

AAt the time of Order Validation, the price to be paid is understood as the all-inclusive price indicated in the cart.

For sales outside the European Union, prices are understood to be ex-works from Nice. Customs clearance, payment of various duties, and taxes are the responsibility of the Buyer.

LThe duration of the price validity is determined by the updating of the Website.

The prices of the Creations may be subject to change at any time without prior notice. However, the Creations will be invoiced based on the prevailing rate at the time of order confirmation.

The Creations are payable in cash starting from the Order Validation.

The payment of the all-inclusive price by the Customer is made through bank transfer or PayPal.

Monolyt implements all necessary measures to ensure the confidentiality and security of the data transmitted on the Website.

In the context of combating fraud on the Internet, information regarding the Buyer’s order may be transmitted to any third party authorized by law or designated by Monolyt solely for the purpose of verifying the Buyer’s identity, the validity of the order, the payment method used, and the intended delivery.

DELIVERY

The Creations can be delivered worldwide. The Creations will be sent to the delivery address you provided during the Order placement.

It is your responsibility to ensure the accuracy and completeness of the delivery information entered (street number, building number, staircase, access codes, intercom names and/or numbers, and any other information necessary for delivery).

In case of error or omission in the delivery information, you are solely responsible for any failure or delay in delivery.

The delivery charges for the Creations available in stock are free of charge.

Your order will be delivered no later than:

• a maximum of five business days in metropolitan France from the payment of the order.
• a maximum of ten business days in all destination countries outside metropolitan France.
• EIn case of delivery delay, the order is not automatically canceled.

Please write to us at fabienne@monolyt.fr to inform us of any issues.

If the delivery date is not met, not due to a force majeure event, you may seek the resolution of the sale in accordance with the provisions of articles L.114-1 and L.121-20-3 of the Consumer Code. You can do so by sending a registered letter with acknowledgment of receipt. If, after urging Monolyt, using the same means, to deliver the Creation(s) within a reasonable additional period, Monolyt fails to do so within that timeframe, you have the right to cancel the sale, as provided in Article L.138.2 of the Consumer Code.

If the order has not been shipped when Monolyt receives your cancellation notice, the delivery will be blocked, and you will be refunded any amounts already debited within 14 (fourteen) days from the receipt of the cancellation notice, in accordance with Article L.216-3 of the Consumer Code. If the order has already been shipped when Monolyt receives your cancellation notice, you can still cancel the order by refusing the package. Monolyt will then proceed with the refund of the debited amounts and the return costs you have paid within 14 (fourteen) days from the receipt of the cancellation notice.

However, Monolyt cannot be held responsible for any consequences resulting from a delivery delay that is beyond its control.

CHECKING THE ORDER UPON ARRIVAL

You are required to check the condition of the packaging and the Creations received upon delivery.

It is your responsibility to make any necessary reservations and claims or even refuse the delivery if the package is obviously damaged. Such reservations and claims must be addressed to the carrier by registered letter with acknowledgment of receipt within 3 (three) business days, excluding public holidays, following the date of delivery of the ordered Creations.

You must also send a copy of this letter to Monolyt.

Failure to make a claim within the aforementioned period extinguishes any action against the carrier in accordance with Article L.133-3 of the Commercial Code.

You must ensure that the items delivered correspond to your order.

In the event of non-conformity of the received items, you must inform Monolyt and return the non-conforming items.

RIGHT OF WITHDRAWAL

For any order placed within the territory of the European Union for Products, you have a right of withdrawal that you can exercise by writing an email with acknowledgment of receipt to fabienne@monolyt.fr or by registered letter with acknowledgment of receipt to the following address: Fabienne Malausséna – 2 boulevard de Cimiez, entrée 6, 06000 NICE within 14 (fourteen) calendar days following the date of receipt or collection of the order, in accordance with Article L.221-8 of the Consumer Code. You have the right to exercise this right of withdrawal without having to state your reasons or bear any costs other than those necessary for the return of your order. The Creations must be returned in a perfect resale condition (unworn, undamaged, unsoiled), in their original packaging, accompanied by any accessories and a copy of the invoice.

The return costs, as well as the associated risks, are solely your responsibility.

It is therefore recommended that you retain proof of this return, which notably requires the return of the Creations by registered mail with acknowledgment of receipt or by any other means that provide a certain date.

If the Creations are not in a perfect resale condition, the return will be refused, and no refund will be processed. Additionally, the return shipping costs will be charged to you.

If you exercise your right of withdrawal under the conditions outlined in this Article, you will be refunded for the returned Creations, as well as the delivery costs of the order, within fourteen (14) days from the receipt of the Creations returned in perfect condition to Monolyt.

In compliance with the provisions of Article L.121-21-3 of the Consumer Code, the return costs for the Creations are at your expense, except in cases of defectiveness or non-compliance of the delivered Creations.

In the latter case, the return costs of the Creations will be borne by Monolyt, except for any additional costs you have incurred if you have expressly chosen a more expensive delivery method than the standard delivery method offered by the Seller.

If you have received the Creations after exercising your right of withdrawal, the amount of the order will be refunded to you upon receipt of the relevant Creations by Monolyt, provided they have been returned in perfect condition for resale.

If you wish to exchange the size of the ordered Creation, the delivery costs will not be waived.

For any order placed outside the European Union, the Customer will have the option to exercise their right of withdrawal within fourteen days from the receipt of their order.

The delivery costs of the order, the return costs of the ordered Articles, as well as any customs duties, are and remain the responsibility of the Customer, which will be deducted from the price of the returned product in case of a refund.

The returned Articles must be in their original packaging, complete, new, and not soiled.

Monolyt will only reimburse the price in euros of the returned ordered Articles in their original package and in perfect condition within fourteen days from the receipt of the returned Articles. The delivery costs, customs clearance, taxes, customs duties, and any exchange rate variations remain the responsibility of the Customer.

Monolyt will not process any size exchanges for articles ordered and delivered outside the European Union.

BUYER’S WARRANTIES

• Capacity: The Buyer, prior to placing their order, declares to have full legal capacity, enabling them to commit under the General Terms and Conditions of Sale.
• If the Buyer, placing orders for Creations on the Website, lacks legal capacity, their legal representatives (parents, guardians, etc.) shall assume full responsibility for their order and must particularly fulfill the payment obligations.
• Buyer’s breach of obligations: The Seller reserves the right to suspend or cancel any execution of an order and/or delivery, regardless of its nature and level of execution, in case of payment incident, fraud, or attempted fraud related to the use of the Website, including previous orders placed by the Buyer.

MONOLYT’S WARRANTIES

Monolyt is subject to the legal warranty conditions provided for in articles L. 211-4, L. 211-5, and L. 211-12 of the Consumer Code, as well as articles 1641 and 1648 of the Civil Code. The provisions of this article are without prejudice to the right of withdrawal provided for in article 7.

You can avail yourself of the legal warranty of conformity for the Creations sold on the Website, in accordance with Articles L.211-4 to L.211-14 of the Consumer Code.

INTELLECTUAL PROPERTY

The entire Website and each of its components (such as trademarks, domain names, texts, structures, software, animations, images, photographs, illustrations, packaging, diagrams, logos, sounds, and music) are the exclusive property of Fabienne Malausséna. Therefore, she is the only one authorized to exploit the related intellectual property rights.

No element of the Website, whether software, visual, or audio, may be used, reproduced, broadcasted, or published in whole or in part without the prior written permission of Monolyt. The creation of simple or hypertext links to the Website is subject to the prior written authorization of Monolyt, which may be revoked at any time. Monolyt disclaims any responsibility (including editorial responsibility) concerning access to the Website – and its content – through a hyperlink to or on the Website.

DATA CONFIDENTIALITY

Monolyt collects your personal data, as well as, if applicable, the recipient’s data, which are necessary for the processing and delivery of orders, as well as for invoicing purposes.