Terms of sale

This site is freely accessible to any user. Its object is the sale to natural persons (hereinafter referred to as «customer»), of Jewellery and Jewellery items signed Albanu (hereinafter referred to as «publisher»). These general terms and conditions also apply to non-customers of this site, hereinafter referred to as «visitors» or «internet users» notwithstanding their express acceptance.

Albanu is headquartered at 5, rue du Gabian MC 98000 Monaco, its e-mail address is contact@albanu.mc and its phone number is +377 97 98 65 00

The subscription to a contract of sale governed by these general conditions, with the publisher of this site assumes the acceptance, by the customer, of these general conditions of sale. The client also acknowledges that he has taken full notice of it.

This acceptance consists in the fact, for the client, to tick the box corresponding to the following sentence: “I have read and agree to the Site Privacy Policy, as well as its terms and conditions of sale.”

Checking this box will be deemed to have the same value as a handwritten signature from the customer. The customer acknowledges the value of proof of the automatic registration systems of the publisher of this site and, except for him to prove otherwise, he waives to dispute them in case of dispute.

Acceptance of these Terms and Conditions implies that clients have the legal capacity to do so, or if they are unable to do so, they have the permission of a tutor or curator, their legal representative if they are minors, or they hold a mandate if they act on behalf of a legal person.

In order to comply with the provisions of Law No. 1.383 of 2 August 2011 for a Digital Principality, the order process on the site will be described below:

The availability of the articles, as well as their production time, is indicated on the publisher’s website, in the description of each article.

The publisher nevertheless reserves the right not to act on an order from a customer with whom there is a dispute regarding the payment of a previous order. In order to place an order, the customer can select one or more products and add them to his basket.

When his order is complete, he can access his cart by clicking on the button provided for this purpose. By consulting his basket, the customer will be able to check the number and the nature of the items he has chosen. He can then check their unit price as well as the overall price of his order, also the size(s) chosen.

He will have the opportunity to remove one or more items from his basket, modify his basket, return to the order process and, ultimately, choose the delivery methods of his order. This summary will also indicate to the customer the possibility of exercising his right of withdrawal or not and the time limits that apply to it. If his order suits him and he wants to validate it, the customer can click on the validate button.

He will then access a form in which he can either enter his login credentials, if he already has them, or register on the site by completing the form that will be presented to him, with the personal information concerning him. As soon as he is connected or after he has completed the form perfectly, the customer will be asked to check or change his delivery and billing details, then, will be asked to make the payment of his order.

After checking the box «I have read and accept the privacy policy of the site, as well as its general conditions of sale». and definitively validated its order the customer will be redirected for this purpose on the secure payment interface (SSL protocol, 3D Secure security) of the publisher’s bank (for a cash payment) or on that of the publisher’s financial partner: PayPlug, allowing a payment split in 2, 3 or 4 times (for a maximum total amount of 3000 €), free of charge for the publisher’s customers.

Once the payment has been received by the publisher of this site, the latter undertakes to acknowledge receipt of the payment to the customer by electronic means, within a maximum period of 24 hours.

Similarly and within the same time, the publisher undertakes to send the customer an email summarizing the order and confirming the processing, including in addition all information relating to the order, the items ordered, their delivery methods and deadlines, as well as the methods of exercising their right of withdrawal.

ATTENTION: any tailor-made garment, especially accompanied by an engraving on the clasp, is considered personalized and is therefore not subject to a right of withdrawal. Despite this legal exception, if the order does not suit the customer, he can return it, within 7 days, and will then be refunded 50% of the amount of his purchase within 14 days.

The prices indicated on the website are in Euros, all taxes included. These prices can be changed at any time by the publisher. The prices displayed are valid only on the day of the order and do not have effect for the future. Any delivery costs will be indicated to the customer before any payment. In case of delivery outside the tax territory of the European Union, the publisher’s rates will be automatically applied without tax.

However, customs duties and other taxes may be due upon receipt by the customer. The necessary formalities and the payment of said duties and taxes are not the responsibility of the publisher and will obviously be charged to the customer.

The sold items remain the property of the seller until full payment of their price, in accordance with this retention of title clause. The risks are transferred to the buyer from the shipment of his order.

The Internet customer can place an order on this site and can pay by credit card, Visa, Paypal,  MasterCard. Payments by credit card are made through secure transactions provided by our banking provider. In the case of payments by credit card, the publisher of this site does not have access to any data relating to the means of payment of the user. Payment is made directly to the bank.

The possibility is offered to the customer to split his payment, by a second intermediary: Alma (from 2 to 4 times without charge, up to 3000 €).

Albanu offers its customers the Alma credit service for the payment of their purchases and the execution of payment by credit card in 2, 3 or 4 times, without fees, for purchases of a maximum amount of € 3,000.
This is conditioned by the Client’s acceptance of the GTU or the credit agreement proposed by Alma. Any refusal of credit by Alma for an order may result in the cancellation of the order.
Any termination of the GTC that binds the Customer and the Seller results in the termination of the GTC or the credit contract between Alma and the customer.
Payment security is provided by Alma and its service providers.
Alma is a remote payment manager and issues an electronic certificate that will serve as proof of the amount and date of the transaction in accordance with the provisions of articles 1316 and following of the terms of Civil Code
For all claims Alma: https://support.getalma.eu/

All credit card payments are protected by the 3D Secure system.

a) Delivery Time

Depending on the chosen delivery methods, orders are delivered by La Poste & Colissimo, within 2/3 weeks from the perfect receipt of the price. Some items or certain order volumes may nevertheless justify a longer delivery period, it will be expressly mentioned to the personalized attention of the customer, after the validation of the order.

b) Delivery error and apparent defect

The customer undertakes to check the conformity of the item to its order at the time of delivery. Any delivery error in relation to the order or apparent defect must be the subject of a complaint within three clear days from delivery. After this period, will be deemed to have been received by the customer, who will no longer be able to claim an error in delivery or an apparent defect.

c) Damage and partial loss

In accordance with Article L 133-3 of the Commercial Code, the receipt of the transported objects extinguishes any action against the carrier for damage or partial loss if within three days, not including holidays, following the receipt, the consignee has not notified the carrier, by registered letter (or dematerialized procedure), of its reasoned protest.

Complaints related to the transport of items must be written on the transport document and countersigned by the carrier, then confirmed to the carrier and the publisher by registered letter with acknowledgement of receipt (or dematerialized procedure) within three days, not including holidays from the receipt of the items subject to foreclosure of reserves and claims.

The terms & customer service of this site is accessible from Monday to Friday from 10 am to 12 pm and from 2 pm to 5 pm at the telephone number +377 97 98 65 00 or by e-mail at the following address contact@albanu.mc or by post at the following address: 5, rue du Gabian MC 98000 Monaco. In the latter two cases, the publisher undertakes to provide an answer within two working days maximum.

In accordance with the law n°1.165 of 23 December 1993 on the protection of personal information, the customer has, at any time, a right of access, rectification, and opposition to all his personal data by writing, by mail and proof of identity, in Albanu 5, rue du Gabian MC 98000 Monaco or by e-mail at contact@albanu.mc

In accordance with the provisions of article L121-20-2 of the Consumer Code, consumers may not under any circumstances claim any right of withdrawal for orders of all items clearly customized or made to their specifications or which, because of their nature, cannot be returned or are likely to deteriorate or expire rapidly. Despite this legal exception, if the order does not suit the customer, he may return it, within a period of 7 calendar days, in accordance with the provisions of Article 10 of Law No. 1.363 on the Monegasque Digital Economy, and will then be refunded 50% of the amount of his purchase within 14 days.

All returns must be complete (original packaging, instructions, accessories, copy of invoice and warranty) and the returned products must be in perfect resale condition, so they must not be soiled, or damaged (due to their use).

The photos and visuals of the publisher’s products are not contractual (as they are always unique pieces) the publisher cannot guarantee standardization of shape, color… he simply does his best, according to the instructions of the customer, in particular concerning the sizes indicated, and according to the raw material he uses.

Any delay in delivery of more than 3 weeks may result in the resolution of the sale at the initiative of the customer, upon written request from him, sent by registered letter with acknowledgement of receipt (or by simple e-mail). The customer will then be refunded the amounts incurred by him during the order.

This clause is not intended to apply if the delay in delivery is due to a case of force majeure, beyond the control of the publisher (natural disasters, floods, bad weather, pandemics, etc.). In such a case, the customer undertakes not to take legal action against the site and its publisher and waives the right to cancel the sale provided for in this article.

In the event of a defect in an article purchased on this site, the customer has the legal guarantee of hidden defects and the legal guarantee of conformity.

The hidden defect being a defect of the thing which, under normal conditions of use, renders it unfit for the use to which it is intended and the obligation of conformity being understood as the delivery of the contractually agreed thing, the publisher of this site is not responsible for normal wear and tear of the articles, accidental damage or resulting from abnormal use of the articles. This type of damage does not fall under the publisher’s warranty as a manufacturer, but is liable for any hidden defects.

Create
The creation of a personal space is an essential prerequisite for any order from a customer and the publication of a classified ad on this site. For this purpose, the customer or advertiser will be asked to provide a certain amount of personal information.

The client, like the advertiser, undertakes to provide accurate information under penalty of termination of the contract at the initiative of the publisher and deletion of his account. Certain information will be deemed essential for the conclusion of the contract and their collection will be essential for the creation of the personal space and the validation of the conclusion of the contract.

The refusal by a customer or an advertiser to provide such information will have the effect of preventing the creation of the personal space and, incidentally, the validation of his order.

Operation

When creating his personal space, the customer is asked to choose or create a password. This password guarantees the confidentiality of the information contained in its section “my account” and the user is therefore prohibited from transmitting or communicating it to a third party. Otherwise, the publisher of this site cannot be held responsible for unauthorized access to a customer’s account.

Account Deletion
The publisher reserves the exclusive right to delete the account of any customer who has contravened these general conditions of sale (in particular but without this example being exhaustive, when the client knowingly provided incorrect information when registering and setting up his personal space) or any account inactive for at least one year. Said deletion will not be likely to constitute a damage for the excluded customer who will not be able to claim any compensation for this fact.

This exclusion is not exclusive to the possibility for the publisher of this site to take legal action against the customer, when the facts have justified it. Nor for the customer to create a new account for the purpose of a new order or a need for After-Sales Service (replacement of a braid, polishing of a clasp, etc.) which will be the subject of a preliminary quote.

The customer or visitor, having accepted the communication of personal data (including his email address) to third party partners of this site may receive newsletters (newsletters) issued by those partners, commercially or otherwise, at the frequencies and in the forms determined by those partners.

The customer or visitor will have, at any time, the option to unsubscribe by clicking on the link provided for this purpose, present on each newsletter (newsletters) issued by the publisher of this site itself or by its possible partners. Otherwise, the customer or visitor will have the opportunity to unsubscribe by directly contacting the issuer or issuers of said newsletters (newsletters).

The publisher of this website cannot be held responsible for the content, data or forms of newsletters (newsletters) sent by these partners, regardless of the damage that has been suffered by the customer or visitor. Any complaint must be made directly to the issuer of the newsletter (newsletter).

References to Law No. 1.165 of 23 December 1993 on the protection of personal information and the European General Data Protection Regulation (Regulation EU 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and the free movement of such data)

General
The customer is free to provide personal information about himself. The provision of personal information is not essential for the navigation of the site for visitors. However, registration on this site implies the collection by the publisher of a certain amount of personal information concerning the customer, in particular his physical address where to ship his order(s).

The customer does not wish to provide the information necessary for the use of the services offered by this site and, if necessary, necessary for the creation of a personal space, may not use the services offered by the publisher of this site, or place an order on this site.

In the context of an order on this site, information relating to the collection of payment data, in particular the credit card number and its use for the purposes of commercial identification is subject to the collection of the consent of the customer concerned.

Through the various forms on the site, perfectly secure, encrypted and which are not collected, much less kept, on the publisher’s own site: they only transit on the publisher’s payment solutions (bank and PayPlug), which are perfectly secure and completely external to the publisher’s website.

The data collected are necessary (name, physical address, telephone) for the proper administration of the services offered on this site and for compliance with its contractual obligations by the publisher.

These data are kept by the publisher in this unique quality, and the publisher undertakes not to use them in another context, nor to transmit them to third parties, without the express consent of the customer or cases provided for by law.

The contact details of all customer users on this site are saved for a period of one year, reasonable duration, necessary for the proper administration of the site and normal use of the data. These data are stored under secure conditions, according to the current technical means, in compliance with the provisions of Law No. 1.165 of 23 December 1993 on the protection of personal information.

Right of access, rectification and opposition
In accordance with Law No. 1.165 of 23 December 1993 on the protection of personal information, all customers have the right to object, to query, to access, to rectify and even to completely delete the data provided. For this, it is sufficient to make the request to the publisher of this site, by formulating it at the following e-mail address: contact@albanu.mc or by mail to the address of the publisher mentioned at the top of these general conditions.

The personal data collected are subject to computer processing and are exclusively reserved for the publisher of the site. The personal data collected are in no way transferred abroad or to other publishers.

IP addresses
In addition, the publisher reserves the right to collect the public IP address (Internet Protocol) of all Internet users, simple visitors or customers.

The collection of this IP address will be done anonymously, it will be kept for the same period as the personal information and will only be intended to allow a good administration of the services offered on this site. The IP address corresponds to a unique identification of a computer on the Internet network.

The publisher must communicate all personal data relating to a user to the Police (on judicial requisition) or to any person (on order of a judge). The IP address of the client’s or visitor’s computer may be linked to the actual identity of the subscriber held by the ISP (internet service providers).

GDPR
Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).

The publisher of this website may also be required to provide consolidated statistics on its customers, sales, exchange structures and information on the site to trusted third parties; in this case, these statistics will not contain any personal data.

The publisher’s website complies with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and the free movement of such data, and repealing Directive 95/46/EC, known as the General Data Protection Regulation or GDPR.

In case of impossibility of access to the site, due to technical problems or of any kind, the user, visitor or customer, will not be able to claim any damage and will not be able to claim any compensation.

As the products sold on this site are marketed in accordance with the laws and regulations in force in the Principality of Monaco, the publisher may not be held responsible forcompliance with regulations and legislation in other countries.

In case of delivery of a package clearly and visibly deteriorated, it is up to the customer to refuse it in order to enjoy the guarantee offered by the carrier. The customer must also inform the seller without delay, so that a new package is prepared and then shipped upon receipt of the damaged package in return (see point b of article 7 of these GTC).

In this case, the delivery times indicated above in these general conditions will no longer apply. The unavailability, even prolonged and without any limitation period, of one or more articles, cannot constitute a prejudice to the customer and cannot give rise to the award of damages from the publisher of the website.

The visual representations of the articles, published on this site, are guaranteed by the publisher as faithful to reality, in order to meet its obligation of information. However, in the current state of the art, the rendering of these representations especially in terms of colors or form, can vary significantly from one computer to another or differ from reality depending on the quality of the graphics and screen accessories or the resolution of the display.

These variations and differences can in no way be attributed to the publisher who can in no case be held responsible for this fact: our visuals are not contractual.

Advertisements are published under the full responsibility of their authors. It is expressly brought to the attention of visitors and customers that the publisher does not guarantee in any case the accuracy of the data contained in the ads, the adequacy of the goods offered by advertisers with the real needs of Internet users, the origin of the goods, the actual execution of the transactions or their proper execution.

It is up to any interested person to ensure the accuracy of all this data prior to any actual transaction and to take the necessary precautions. Similarly, the publisher does not guarantee advertisers the effective sale of the goods covered by the advertisement.

The publisher will not play any role in the commercial relationship to be born between advertisers and Internet users, its role is limited to the hosting of ads. All disputes that may arise between the parties do not concern the publisher who is relieved of any responsibility on this point.

Advertisers and users alone and unreservedly respond to all actions brought against the publisher, because of the publication of the ad, in such cases, the publisher reserves the right to call in warranty any advertiser or user.

The hypertext links on this site may refer to other websites and the responsibility of the publisher of this site cannot be engaged if the content of these sites contravenes the laws in force. Similarly, the publisher of this site cannot be held liable if the user’s visit to one of these sites caused him harm.

All elements of this site are the property of the publisher and are protected by intellectual property laws.
Internet users therefore acknowledge that, in the absence of authorization, any total or partial copy and any dissemination or exploitation of one or more of these elements, even if modified, may give rise to legal proceedings against them by the publisher.
This protection covers all text and graphic content of the site, but also its structure, name and graphic charter.

If one of the clauses of these general conditions were to be declared null by a court decision, this nullity cannot prevail the nullity of all the other clauses, which would continue to produce their effect.

The fact, for the publisher, not to avail himself temporarily or permanently of one or more clauses of these general conditions, will in no case waive to avail himself of the rest of these general conditions of sale.

Except for provisions of public order, any dispute that may arise in the execution of these general conditions must, before any legal action, be submitted to the assessment of the publisher of the site for an amicable settlement.
Applications for amicable settlement do not suspend the time limits for initiating legal proceedings.

These general conditions are subject to the application of Monegasque law and return to the jurisdiction of the Monegasque courts. The language of these General Terms and Conditions of Sale and any dispute arising therefrom is French.

These Terms and Conditions may be modified at any time by the Site Publisher or its agent. The general conditions applicable to the user are those in force on the day of his order or his connection on this site. The publisher obviously undertakes to keep all its old general conditions and to send them to any user who requests them.

The general conditions of sale of the publisher of this site are numbered, dated and archived so that each modification can be clearly identified in time.