Terms of Sales
Clause n° 1 : Objet
The general sales conditions described below detail the rights and obligations of Monaco Yacht Partner and its client in connection with the sale of all goods stored in the store and on order. Any service performed by the company Monaco Yacht Partner therefore implies the unreserved acceptance of the buyer to these terms and conditions of sale.
Clause n° 2 : Price
The prices of the goods sold are those in force on the day of ordering. They are denominated in euros and calculated without taxes. As a consequence, they will be increased by the rate of VAT and transport costs applicable on the day of the order. Vessels registered with the businesses can obtain the exemption of vat under justification of the necessary documents. The company Monaco Yacht Partner grants the right to modify its rates at any time. However, it undertakes to invoice the goods ordered at the prices indicated when the order is registered.
Clause n° 3 : Discounts and rebates
The proposed rates include rebates and rebates that Monaco Yacht Partner would have to grant based on its results or the assumption by the buyer of certain services. No discount will be granted in case of advance payment
Clause n° 4 : Quotation and Order
All orders must be signed or approved by email return by the buyer. The buyer must be aware of the sales conditions that will be presented to him by Monaco Yacht Partner, including:
- Delivery conditions
- Conditions of return
- Payment terms
- The conditions of late payment
SPECIAL CASES
The right of withdrawal of an order does not apply to customized products made to measure at the request of the buyer, nor to specialized or technical parts that can not be returned to the supplier. In order to avoid any disputes Monaco Yacht Partner undertakes to provide all types of support and documentation justifying the nature of the article. The mention "Article neither resumed nor exchanged" will be written under the article
Clause n° 5 : Merchandise return
The goods must be returned to us within 14 days after receipt in their original packaging (unused items only). We only accept returns of goods damaged during transport if the damage is communicated to us upon receipt of the goods, before accepting the carrier's package. In this case, the item will be replaced, refunded or subject to credit. For any other case, please refer to our general conditions of sale.
Clause n° 6 : Payment terms
The payment of orders and invoices is carried out:
- by transfer
- by credit card or American Express
- by check
For customers with a business account, payments must be made by the due date. Beyond the due date, the "late payment" clause 6 will come into effect. In certain cases, the Monaco Yacht Partner Company reserves the right to request an advance payment of 100% or a deposit of 50% of the total amount, in this case the balance to be paid upon receipt of the goods.
Clause n° 7 : Late payment
In the event of total or partial non-payment of the goods delivered on the day of receipt, the buyer must pay Monaco Yacht Partner a late penalty equal to three times the legal interest rate. The legal interest rate used is that in force on the day of delivery of the goods. This penalty is calculated on the amount inclusive of the sum remaining due, and runs from the due date of the price without any prior notice being required. In addition to the late payment, any sum, including the down payment, not paid on its due date will automatically result in the payment of a fixed compensation of 40 euros due for recovery costs.
Articles 441-6, I alinéa 12 et D. 441-5 du code de commerce.
Clause n° 8 : Cancellation clause
If within fifteen days after the implementation of the clause "late payment", the buyer has not paid the sums remaining due, the sale will be resolved automatically and may entitle to the allocation of damages to Monaco Yacht Partner
Clause n° 9 : Title retention clause
The company Monaco Yacht Partner retains ownership of the goods sold until full payment of the price, in principal and accessories. As such, if the buyer is the subject of a reorganization or a judicial liquidation, the company Monaco Yacht Partner reserves the right to claim, as part of the collective procedure, the goods sold and remained unpaid.
Clause n° 10 : Delivery
Delivery is made:
- by the direct delivery of the goods to the buyer
- by sending a notice of provision in store to the attention of the buyer
- at the place indicated by the buyer on the order form.
The delivery time indicated during the registration of the order is given for information only and is not guaranteed. Consequently, any reasonable delay in the delivery of the products can not give rise to the benefit of the buyer to:
- the award of damages and interest
- the cancellation of the order
The risk of transport is borne entirely by the buyer.
In case of missing or damaged goods during transport, the buyer must make all the necessary reservations on the order form upon receipt of said goods to the carrier. These reservations must also be confirmed in writing within five days of delivery.
Clause n° 11 : Force majeure
Monaco Yacht Partner's liability can not be implemented if the non-performance or delay in the performance of one of its obligations described in these general conditions of sale results from a case of force majeure . As such, force majeure means any external event, unforeseeable and irresistible within the meaning of article 1148 of the Civil Code.