Legal
TERMS & CONDITIOS OF USE/LEGAL STATEMENT
Please read the following Terms carefully. By accessing, browsing and/or using the Sites, you acknowledge that you have read, understood, and agree to be bound by these Terms, and to comply with all applicable laws and regulations. If you do not agree to these Terms, please do not use the sites. Monsieur Charles reserves the right to change these Terms, in whole or in part, at any time. Monsieur Charles will post any changes to these Terms on the Sites and you should review these Terms prior to using the Sites. Your continued use of the Sites shall constitute acceptance of the revised Terms.
PLEASE NOTE THAT THESE TERMS CONTAIN PROVISIONS THAT GOVERN THE RESOLUTION OF DISPUTES BETWEEN US AND YOU AND LIMIT OUR LIABILITY TO YOU (SEE “AGREEMENT TO ARBITRATE DISPUTES” BELOW). THESE PROVISIONS SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Please see the separate terms of use applicable to other country-specific or region-specific web pages available on those pages when you access them through www.monsieur-charles.com or through other promotional websites Monsieur Charles hosts or sponsors.
Use of the Sites is subject to these legally binding Terms and constitutes your agreement to be bound by and to act in accordance with these Terms. Monsieur Charles reserves the right to change the Terms at any time. Any such changes will be posted on the Sites and you agree to be bound by such changes.
1. PRIVACY
Please read our Privacy Policy, which governs the manner in which we will handle any personal information that you provide to us. The Privacy Policy is subject to the terms and conditions of this Legal Statement.
2. OWNERSHIP RIGHTS/USE OF SITES MATERIALS
Monsieur Charles owns all copyrights and other intellectual property rights for all material on the Sites, as well as all trademarks, service marks, trade names, logos, and domain names used in connection with the Sites. The modification or use of any materials from the Sites for any purpose not explicitly allowed is a breach of Monsieur Charles' copyright and other proprietary rights.
No part of the Sites may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except for viewing purposes, without the express prior written permission from Monsieur Charkes. This includes not only framing any content from the Sites, but also unauthorized linking. All rights not explicitly granted are reserved.
3. DISCLAIMER/LIMITATION ON LIABILITY
Use of and browsing in the Sites are at your own risk. Neither Monsieur Charles nor any party representing or otherwise affiliated with Monsieur Charles in creating or presenting the Sites are liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages arising out of your use of the Sites, except where such liability or damage is the result of Monsieur Charles' own negligence, fraud, willful injury or willful violation of law. To the extent permitted by law and without limiting any of the foregoing, everything on the Sites is provided to you on an "as is" basis, without warranty, either express or implied, of any kind, including, but not limited to, the implied warranties of merchantability, fitness for a specific purpose, freedom from computer virus, or non-infringement. Solicited information that you submit to Monsieur Charles by email in order to register or sign up, purchase products and/or to submit appropriate questions to the Sites are subject to our Privacy Policy. All unsolicited reviews, comments or other submissions, including ideas, concepts, techniques, know-how and the like, shall not be treated as confidential by Monsieur Charles and and Monsieur Charles may use such materials in any manner that it deems appropriate. For more information on this topic, please see our Privacy Policy.
4. FORMATION OF CONTRACT
The presentation of our goods and the granting of the opportunity to order constitutes a concrete offer for the conclusion of a purchase contract on our part. By placing your order, you accept the offer and the purchase contract is concluded. You will receive an order confirmation by email to the email address provided by you.
5. PRICES AND SHIPPING COST
The quoted prices are final prices including sales tax. The amount applicable at the time of the binding order applies. In addition, shipping costs may apply, depending on the shipping method and the size and weight of the goods ordered by you. You can find out more details under Shipping. We will bear the regular costs of the return, which arise in the case of a return of the goods by you in the exercise of your right of withdrawal (withdrawal information). If you exercise your right of withdrawal, we will also refund the shipping costs.
6. PAYMENT
Payment may be delivered via: PayPal, Klarna, Credit Card
7. DEFAULT OF PAYMENT
If you are in default of payment, Monsieur Charles is entitled to claim default interest at a rate of 5 percentage points above the base interest rate announced by the German Bundesbank at the time of the order. If Monsieur Charles can prove a higher default damage has occurred, Monsieur Charles is entitled to claim this.
8. RETENTION
For the exercise of a right of retention, the customer is only entitled to the extent that his counterclaim is based on the same contractual relationship.
9. DELIVERY
(1) Delivery is made to the delivery address specified by the customer, within Germany
(2) If force majeure (natural disasters, war, civil war, terrorist attack) makes delivery or any other performance permanently impossible, Monsieur Charles is exempt from its performance obligation. Already paid amounts will be refunded by Monsieur Charles without delay.
(3) Monsieur Charles may also refuse performance if it requires an effort that is grossly disproportionate to the customer's interest in fulfilling the purchase contract, taking into account the content of the purchase contract and the rules of good faith. Already paid amounts will be refunded by Monsieur Charles without delay.
(4) Bulky goods (packages with a greater volume than 1 m³) are usually delivered by forwarding agent. Monsieur Charles expressly points out that this goods will not be carried into the house.
10. APPLICABLE LAW
The contract concluded between you and Monsieur Charles is exclusively subject to the law of the Federal Republic of Germany, expressly excluding the UN Convention on Contracts for the International Sale of Goods. The mandatory provisions of the state in which you have your habitual residence shall remain unaffected.
11. JURISDICTION
If, contrary to your information at the time of ordering, you do not have your domicile in the Federal Republic of Germany or if you move your domicile abroad after conclusion of the contract or if your domicile is not known at the time of filing the suit, the court of jurisdiction for all disputes arising from and in connection with the contractual relationship is Rochusstraße 61, 52062 Aachen.
12. DISPUTE RESOLUTION
General information duties regarding alternative dispute resolution according to Art. 14 para. 1 ODR-VO and § 36 VSBG (Consumer Dispute Resolution Act): The European Commission provides a platform for online dispute resolution (OS) which you can find at this address: http://ec.europa.eu/consumers/odr/. We are not obliged and also not prepared to participate in a dispute resolution procedure before a consumer arbitration board.
13. LINKS
Monsieur Charles does not take responsibility for any third-party websites that have links to or from the Sites. Monsieur Charles does not support or promote any of these sites or the products or services they offer. Monsieur Charles is not responsible for the accuracy of the information found on websites that link to or from the Sites, or any services or items purchased from them. Monsieur Charles cannot be held accountable for the contents of any sites that are linked to or from the Sites.
14. ACCURACY OF INFORMATION
Monsieur Charles does its best to make sure the information found on the Sites is accurate. However, Monsieur Charles does not guarantee the accuracy, completeness or timeliness of any of the information provided and does not accept liability for any errors or omissions. The information found on the Sites may be altered at any time without warning.
15. FINAL PROVISIONS
(1) If individual provisions of this contract are wholly or partly invalid or become invalid, this shall not affect the validity of the contract as a whole, provided that a contracting party is not unreasonably disadvantaged.
(2) Changes or additions to this contract must be in writing.
(3) The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods.