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    Terms and Conditions

    ARTICLE 1 – OBJECT

    These General Terms and Conditions of Sale (GTCS) apply to any person (hereinafter referred to as the “Client”) accessing the website www.moniconic.com its sub-domains, and any other websites or mobile/desktop applications operated by or on behalf of MONICONIC (hereinafter referred to as the “Website”). The present GTCS govern all orders made by the Client on the Website.

    It is important to note that sales conducted through MONICONIC retail boutiques and authorized retailers are not subject to these GTCS.

    ARTICLE 2 – PRICES

    We strive to ensure that all details, descriptions, and prices displayed on the Website are accu-rate. However, there may be instances where errors occur. In the event that we identify an error in the price of any products that you have ordered, we will inform you of this as soon as possible and provide you with the option to either confirm your order at the correct price or cancel it. If we are unable to contact you, your order will be deemed cancelled. If you cancel your order and have already made payment for the products, we will issue a full refund as soon as possible.

    Pricing currency

    By accepting these General Terms and Conditions of Sale (GTCS), the Client acknowledges that the price of the products for sale is subject to the country of delivery, which will determine the cur-rency in which the price is displayed.

    If MONICONIC has not referenced the Client’s country of delivery at the time of the order, the Cli-ent acknowledges that all prices displayed on the Website’s product pages are in AUD, and the sale price of the products will be converted into the currency of the delivery country at the appli-cable exchange rate at the time the order is confirmed.

    If the payment card used by the Client applies a currency different to the one indicated on the invoice, the sale price of the products will be converted into the currency applicable to the Client’s payment card at the applicable exchange rate at the time the payment card issuer processes the transaction.

    Tax

    All prices displayed on the Website include applicable taxes such as TVA and other taxes on the day of the order. However, depending on your delivery address, additional charges and different taxation rules may apply. In some cases, you may be required to pay import duties upon receiv-ing the products. These import duties and taxes are not included in the prices displayed on the Website, and we have no control over their amount. It is your responsibility to pay any import du-ties and taxes that are not included. We suggest that you contact your local customs office to ob-tain further information and a “landed cost estimate” prior to placing your order.

    Delivery costs

    Unless otherwise specified, the prices displayed on the Website do not include delivery fees. De-livery fees are determined based on the Client’s delivery country and will be specified on the or-der summary page.

    ARTICLE 3 – CLIENT ACCOUNT; GUEST CHECKOUT

    In order to purchase products, the Client must be at least 18 years old and legally capable, and must possess a valid credit or debit card (acceptable payment methods are listed on the web-site). By placing an order, the Client confirms that all information provided is accurate and true, that they are authorized to use the payment method provided, and that there are sufficient funds to cover the cost of the order.

    The Client may choose to create an online account to place orders, or they may place an order as a guest. To create an account, the Client must provide valid personal information, including legal name, phone number, and email address, and confirm their age of majority. The Client is responsible for keeping their password and login information safe and secure.

    If the Client chooses to check out as a guest, they must provide shipping address, billing ad-dress, and payment details, as well as any additional information required for security and anti-fraud purposes. The Client represents and warrants that all personal information provided is true, valid, complete, and up-to-date. Please refer to the Privacy Policy for more information on how MONICONIC may use personal information.

    ARTICLE 4 – ORDERS

    When Client completes the checkout process and clicks the “Pay Now” button, it constitutes an offer to purchase the products from MONICONIC. By making an order on the Website, the Client explicitly accepts the present GTCS without the need to sign it in writing.
    Once the Client has confirmed payment by clicking on “Pay Now”, the offer to purchase becomes binding.

    The Website allows the Client to check their order and correct any errors before completing the purchase. The Client is responsible for ensuring that the information they provide is complete, accurate, and up-to-date.

    Upon receiving an order, MONICONIC will send an email confirmation receipt, including a sum-mary of the order and the order number. This email is only for information purposes and does not constitute acceptance of the Client’s order. MONICONIC will accept the order by shipping the products and sending an invoice afterward.

    All orders are subject to availability and confirmation of the order price. MONICONIC reserves the right to not register a payment and to not confirm an order. If the order is not confirmed, MON-ICONIC will inform the Client of the reasons upon request.

    Notwithstanding anything to the contrary herein, MONICONIC reserves the right to refuse, can-cel, or terminate orders at any time for legitimate reasons under applicable law. For example, if there is an ongoing dispute concerning payment of a prior order, or if MONICONIC suspects, in its sole discretion, that the Client has engaged in fraudulent or grey market activities or has oth-erwise violated the GTCS.

    When the Client visits the Website and/or submits an order, it constitutes electronic communica-tion. The Client agrees that all agreements, notices, disclosures, and other communications that we send electronically satisfy any legal requirement. The Client is responsible for all electronic communications and content sent from their computer to us.

    The Client confirms that they are fully aware of all of the information provided, and the recorded confirmation serves as proof of the transaction. The order confirmation is deemed to be a signa-ture and acceptance of the transactions carried out.

    All information for a particular order can be found under the “Order Tracking” heading in the Cli-ent’s personal space, except for orders placed as a Guest.
    The risk in the product remains with MONICONIC until it is delivered to the Client at the address specified when the Client placed the order.

    ARTICLE 5 – DELIVERY

    Please refer to the Shipping & Delivery section in our FAQ for a list of countries we deliver to. Please note that certain products may be subject to restrictions in certain international destina-tions, so please review the information on that page carefully before placing an order.
    Please be aware that when your package reaches its destination, it may be subject to import du-ties and taxes. It is the responsibility of the client to comply with all applicable laws and regula-tions of the country for which the products are destined. If the client breaches any such laws, we will not be liable or responsible.

    For information on delivery, please refer to our Shipping Policy in the FAQ. Please note that it is possible to have your order delivered to an address different from the billing address.

    We will make reasonable efforts to ensure that delivery is made within the estimated delivery time, which is typically 15 days (30 days for customized products) from the date of dispatch, and in any case within 30 days after that date, unless your purchase requires additional delivery time, such as in the case of customized products. Delivery times may vary depending on product availability and the client’s delivery address. The product(s) may be delivered in multiple ship-ments and at different times.

    There may be circumstances beyond our reasonable control that cause delivery to be delayed. If this occurs, we will make every effort to deliver the products as soon as possible, but we will not be liable for any losses caused by such delay.

    In certain circumstances, our delivery partner may leave the client’s package outside or provide optional delivery services, such as signature release, leaving the package with a neighbor, re-scheduling a delivery date, or redirecting the package to a collection point. If the client selects any of these optional services or if our delivery partner leaves the package outside, MONICONIC will not be liable for any loss or damage that may result from delivering the order in that way.

    ARTICLE 6 – PRIVACY POLICY

    We strictly adhere to our Privacy Policy when using your personal information. It is important that you read our Privacy Policy carefully as it contains significant information regarding how we col-lect and use your data. By using the website, you are consenting to the use of your data as de-tailed in our Privacy Policy. You also warrant that all the data you provide is accurate.

    ARTICLE 7 – PRODUCTS DESCRIPTION

    Prior to making an order, the client can review the core features of the product or products they wish to purchase on the website. We strive to provide accurate descriptions of the products dis-played on the website, but we cannot guarantee that all details are always error-free or complete. The information provided on the website is for general information only. If you need more infor-mation about a product, please contact us via email.

    The images of the products on the website are for illustrative purposes only. While we make eve-ry effort to ensure that the visual representations of MONICONIC products displayed on the web-site accurately depict the color, design, and style of the original product, slight variations, distor-tions, and differences may be apparent when compared to the original product.

    The client acknowledges that the contents of the website may change, and MONICONIC re-serves the right to modify the range of products offered on the website at any time. The products on offer on the website may differ from those offered in physical MONICONIC stores. The fea-tures available may vary depending on the country and region.

    If the client receives a damaged product, they may return it to MONICONIC in accordance with the return policy. Upon receipt, MONICONIC may classify the returned product as defective. However, please note that items damaged due to wear and tear are not considered defective.

    ARTICLE 8 – RETURNS AND CANCELLATION

    For information on returns, please refer to our Return Policy in the FAQ.

    To cancel an order, the client must provide clear notification to us, preferably by email at cus-tomercare@moniconic.com Please include your name, address, and order reference in the email. If you cancel an order or part of an order within the cancellation period, we will process a refund back to your original payment method.

    ARTICLE 9 – EVENT OUT OF CONTROL

    Force Majeure refers to any unforeseeable and extraordinary event that occurs beyond our con-trol and that prevents us from fulfilling our obligations to Client. Such events may include acts of God, wars, terrorist attacks, embargoes, riots, strikes, lock-outs, trade disputes, fires, floods, earthquakes, or other natural disasters, breakdowns, inclement weather, interruptions of transport, government action, or failures of public or private telecommunications or transport net-works.

    If a Force Majeure event occurs that affects our performance of obligations to Client, we will promptly notify Client and suspend our obligations for the duration of the event. In case the event affects the delivery of products to Client, we will contact Client to arrange a new delivery date af-ter the event has ended.

    Please note that we only offer the Website for private use and, therefore, we are not liable to Cli-ent for any loss of profit, loss of business, business interruption, or loss of business opportunity.

    In case of complaints or disputes, we have a complaint handling procedure in place that we will use to try to resolve any issues as soon as possible. If Client has any complaints or comments, please refer to our Contact Us page for details on how to reach us.

    ARTICLE 10 – INTELLECTUAL PROPERTY, SOFTWARE AND CONTENT

    We own or have licensed all the intellectual property rights of the Website and its Content, which includes text, graphics, logos, button icons, images, audio clips, digital downloads, data compila-tions, and software. International copyright laws and relevant national laws protect these rights, including copyright, author’s rights, and database right laws. We reserve all rights.

    Client is not allowed to systematically extract or re-use any parts of the Website or the Content. This includes using data mining, robots, or similar data gathering tools to extract substantial parts of the Website for re-use. Client is not allowed to create and/or publish their own database featur-ing substantial parts of the Website without our prior written consent.

    Linking to the Website is allowed, but it must be done in a fair and legal way that does not harm our reputation or suggest any form of endorsement by us. We may withdraw linking permission at any time, and Client must remove any links immediately upon our request.

    The Website may contain links to third-party websites and resources for Client’s information only. We do not control the content of these websites or resources, and we are not responsible for any loss or damage that may arise from using them. These links should not be interpreted as our en-dorsement of those linked websites.

    ARTICLE 11 – MISCELLANEOUS

    In the event that a court of law declares any provision of the GTCS to be null and void or unen-forceable, the remaining provisions shall continue to be in full force and effect unless the unen-forceability significantly impacts the economic balance of the GTCS. The Client and MONICONIC shall not be jointly liable to any third party.

    ARTICLE12 – LIABILITY LIMITATION

    MONICONIC cannot be held responsible for any incidents directly or indirectly related to the use of its products if the use does not comply with the usage recommendations that MONICONIC has previously provided to the client, especially those found in any usage instructions sent to the cli-ent.
    The GTCS does not limit or exclude our liability for any circumstances where such limitation or exclusion is prohibited by applicable law.

    Subject to the previous sentence, our total liability to the client under the GTCS regarding any order shall not exceed the total amount paid by the client for the product(s).

    This clause is a fundamental aspect of MONICONIC’s commitment, and without it, MONICONIC would not undertake the same obligations under equivalent financial terms. It is justified by the nature of the mutual obligations between the parties and cannot be contested due to the cancel-lation or termination of the contract.

    ARTICLE 13 – USE OF WEBSITE

    In this section, we outline the guidelines that apply to your use of the Website, whether you use it to order products or simply to browse. By accessing the Website, you agree to abide by these guidelines. If you do not agree to these guidelines, you are not authorized to use the Website and should leave it immediately.

    Please note that we reserve the right to withdraw or modify the Website without notice, and we may periodically restrict access to some or all of its content. We will not be held liable if the Web-site is unavailable for any reason or length of time.

    We may update or modify the Website and its contents at any time. While we strive to ensure the accuracy and timeliness of the information provided through the Website, we make no express or implied representations, warranties, or guarantees that the Website or any of its content is accu-rate, complete, up-to-date, or free from errors or omissions. To the maximum extent permitted by law, we disclaim all conditions, warranties, representations, or other terms that may apply to the Website or its content, whether express or implied.

    We will not be held liable for any loss or damage, whether arising in contract, tort (including neg-ligence), breach of statutory duty, or otherwise, that results from your use of the Website or inabil-ity to use it, or your reliance on any content displayed on the Website.

    We will not be responsible for any loss or damage caused by viruses, distributed denial-of-service attacks, or other technologically harmful material that may infect your computer equip-ment, programs, data, or other proprietary material due to your use of the Website or any content downloaded from it, or any linked website.

    ARTICLE 14 – GOVERNING LAW AND JURIDICTION

    MONICONIC may modify this GTCS at any time by posting the updated Agreement on the Web-site. Any amended GTCS shall become effective immediately upon posting. By accessing or us-ing the Website after an updated GTCS has been posted, you are indicating your acceptance of the updated terms.

    All matters relating to your use of the Websites, your order(s) and these Terms and Conditions shall be governed by the law of the jurisdiction where MONICONIC is based. If the laws of such jurisdiction differ from the mandatory consumer laws in your own country, we will provide you with similar protection unless you provide MONICONIC with incorrect information about your country of residence.

    The courts of the jurisdiction where MONICONIC is based shall have exclusive jurisdiction over any disputes or claims arising out of or in connection with the GTCS, including its validity, inter-pretation, execution, cancellation and consequences, even in cases involving multiple defend-ants or warranty claims. By agreeing to these Terms and Conditions, you waive any jurisdictional privileges.