Terms and Conditions


Version 15/01/2012

Preamble

The company Le Monoi is the publisher and the operator of the website www.lemonoi.com. These Terms and Conditions govern all contracts concluded on the website accessible at the URL http://www.lemonoi.com. They are concluded between:

  • Le Monoi company, registered in Tahiti under the number A25954, whose registered office is at rue Coppenrath - Pirae - Tahiti - French Polynesia, on the one hand
  • and the individual customer, unprofessional, on the other hand

The customer and the company shall be collectively referred as the parties. Any order placed on the site www.lemonoi.com necessarily implies the unreserved acceptance by the customer of these Terms and Conditions. It is in these circumstances that the parties have agreed that:

Article 1. Definitions

The terms listed below have, in these Terms and Conditions, the following meanings:

Products: means all products available on the website http://www.lemonoi.com.

Customer: means the party contracting with the company Le Monoi which guarantees the quality of a private person as defined by the law and the jurisprudence of French Polynesia.

Terms & Conditions: means this agreement being deemed accepted by the parties.

Delivery: Delivery shall be deemed completed on the date of the first presentation of products to the delivery address stated on the order by the customer.

Article 2. Object of the contract

These Terms and Conditions are intended to establish the contractual rights and obligations of the parties in connection with the sale of products on the website www.lemonoi.com.

Article 3. Change conditions

The company Le Monoi may modify at any time these Terms and Conditions. The customer will be informed of the nature of these changes as soon as they are posted on the website http://www.lemonoi.com. The amendments come into force on the day they are posted on the website. Only the Terms and Conditions published on the day of the order are applicable. They are brought to the attention of the customer when the order is placed by the customer who will have accepted them before the confirmation of the order.

Article 4. Nature of Terms

These Terms do not confer to the customer the quality of an employee, representative, agent or representative of the company Le Monoi. The parties further state that these Terms shall in no way be considered as an act constituting a legal person or any legal entity, and that any form of "affectio societatis" is formally excluded from their relationships.

Article 5. Products offered

Online presentation of the products

All products are described by the company Le Monoi as accurately as possible based on the information provided by the suppliers. In case of doubt about the characteristics of a product, the customer can contact the company at the following email address: contact@lemonoi.com.

Stocks

Products and promotions offered by the company Le Monoi are valid within the limit of available stock. Products and prices are valid and available only when they are visible on the website and within the limit of available stock.

Article 6. Price

All orders placed on the website www.lemonoi.com shall be paid at the time of the order. The customer can use the following payment methods:

- Credit Card

- PayPal Account

The prices of the products may change at any time depending on the pricing policy of the company Le Monoi. The products ordered are charged at the prevailing prices at the time of the order. Shipping fees are based on the destination, on the type, and on the quantity of the products selected by the customer. Prices are indicated in euros - or any other currency available on the website - all taxes included, excluding any processing or shipping fees. The prices shown reflect the VAT applicable on the day of conclusion of the contract. Any rate change will be reflected in the price of the product
s.

Article 7. Order

The customer can place an order on the website http://www.le monoi.com. The customer can view the details of the order and its total price, correct any errors, before he confirms the order and expresses its acceptance. The company Le Monoi shall keep the entire property of the product (s) until full payment of the order, that is to say, until the collection of the price of the order by the company Le Monoi. The company Le Monoi supports the risks to the products only until their delivery to the address indicated by the customer on the order form.

Article 8. Delivery

The products available on the site www.lemonoi.com can be delivered worldwide under certain financial conditions specified above. The delivery delay starts once the order is fully completed. An average of this delay will be specified on the verification page of the customer's order. The customer shall check the conformity of the goods at the time of their delivery. Any anomaly concerning the product (damage, missing product compared to the order, damaged parcel, broken or defective product...) must be indicated on delivery or as soon as possible (in a maximum of 7 days), as mentionned in the terms and conditions of Article 9. Any error or change made by the client in an order already being delivered and whatever the error or the change is leads to an extension of the delivery delay as specified on the website www.lemonoi.com. Any additional costs arising shall be borne by the customer.

Article 9. Compliance & legal guarantee

In case of non-compliance the customer must mention any non-conformity to the company Le Monoi at the time of delivery or as soon as possbile, in accordance with Article 8 of these Terms and Conditions, and particularly through the website www.lemonoi.com at http://www.lemonoi.com/contact-form.php with the following information:

- Order number

- Name and address

- Reference of the items being returned

- Reason(s) for non-compliance.

This warranty is limited to the normal use of the product. If a defect is found the customer can obtain a replacement product. Similarly, in the event where the replacement is impossible, the company Le Monoi is commited to reimburse the price within 7 days in exchange of the return of the product by the customer.

In case of a return under the conditions of this Article, the customer must return the product to the following address:


Company Le Monoi

P.O. 43911

98713 PAPEETE

FRENCH POLYNESIA


Besides the customer has an after-sales service via the website www.lemonoi.com at http://www.lemonoi.com/contact-form.php

Article 10. Right of withdrawal

The consumer customer has a withdrawal period of 7 (seven) days from the time of receipt of the goods. The withdrawal option is at no charge. The products can be returned at the customer's expense, to the following address:

Company Monoi

P.O. 43911

98713 PAPEETE

FRENCH POLYNESIA

Article 11. Protection of personal data

As part of the operation of the site www.lemonoi.com the company Monoi may collect personal data. These data will be processed in accordance with the purposes for which it was collected. It is recalled that the person whose personal data are processed has a right of access, rectification, and opposition to the processing of his personal data. This right may be expressed by a simple request via email to serviceclient@lemonoi.com with a proof of identity and a legitimate reason if required by law.

Article 12. Responsibility

The responsibility for the company Le Monoi will not be engaged for a non-performance or a poor performance of the contractual services attributable to the customer when placing the order. The company Le Monoi can not be held liable or be deemed to have breached these Terms and Conditions for any delay or failure when the cause of the delay or failure was due to a force majeure as defined by the decisions of the courts of French Polynesia.

Article 13. General

The fact that a party has not asked for the application of any provision of these Terms and Conditions, whether permanently or temporarily, shall in no way be considered as a waiver of that provision. These Terms and Conditions do not confer any exclusivity in the supply of the products to the customer. If any provision of these Terms and Conditions had to be invalid under a statute or regulation in force and/or under a court judgement having authority of res judicata, it shall be deemed null and void but shall not affect the validity of the remaining provisions which shall remain fully applicable. The parties will agree in this case for a new provision to replace the void and irrelevant one, given that the new provision comply as much as possible to the spirit and economic impact of the replaced part.

Article 14. Applicable law

The interpretation and enforcement of these Terms and Conditions, as well as all acts that will be the result, are subject exclusively to the law of French Polynesia. In case of a dispute between the parties regarding the interpretation, performance, or termination of the contract and the induced benefits, the parties shall endeavor to settle amicably.


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