Below we present the general terms and conditions of sale (hereinafter referred to as the "General Conditions") for all products and services offered by our company CIAUDANO on the e-commerce site hosted at the following address: www.ciaudanoshop.com (hereinafter referred to as the "Site") and through any associated mobile or digital applications referring to these Terms of Sale (collectively, the "Platforms").
In accordance with the provisions of Law No. 1.383 of 02/08/2011 on the Digital Economy, amended and published in the Official Gazette of the Principality of Monaco on August 12, 2011, and, in particular, Article 6 of the said Law supplemented by Sovereign Ordinance No. 6.701 of December 7, 2017, these General Conditions determine the conditions of validity, execution, and conclusion of distance sales contracts that may be entered into through the Site.
CIAUDANO is a sole proprietorship (hereinafter referred to as "the Seller" or "CIAUDANO") domiciled in the Principality of Monaco at 18 Boulevard des Moulins. CIAUDANO is represented by Mrs. Carla CIAUDANO as the manager. Our individual identification number for VAT purposes is: VAT Number FR15000038413.
The address of our headquarters is: 18 Boulevard des Moulins, 98000 MONACO
We can be contacted by email at the following address: montecarlo@ciaudano.com or through the contact form accessible from the homepage of the Site.
The site is registered in the name of Carla Ciaudano et Cie SCS.
For the purposes of applying these General Conditions, it is agreed that the Seller as well as anyone visiting the Site or wishing to make a purchase through the Site (hereinafter the "User") or who has validated an order through the Site (hereinafter referred to as the "Buyer" or "Customer") will collectively be referred to as the "Parties".
Before ordering any product or service, you will be asked to accept these Terms of Sale. If you do not accept these Terms of Sale, you will not be able to order any product or service through the Site and other Platforms. Sales made through physical sales outlets (such as our stores) or through third parties (such as authorized retailers) are not subject to these Terms of Sale.
We recommend that you print a copy of these Terms and Conditions for future reference.
These General Conditions govern the pre-contractual and contractual relationships between the Parties and define the rights and obligations of the Parties in the context of the online sale of items offered through the Site. The rights and obligations of the User also apply to the Buyer.
The User and the Buyer declare that they have full legal capacity to contract and are not under guardianship or tutelage. They also guarantee the truthfulness and accuracy of the information they provide.
If you have not reached the legal age of majority or if for some other reason you do not have the legal capacity to enter into contracts, one of your parents or guardians must place the order on your behalf and will be asked to accept these Terms of Sale.
By placing an order through the Site and the Platforms, you declare and warrant that you are a good faith customer and an end-user making a purchase for your own use or for the personal use of third parties and that you will not deliver, sell, or otherwise distribute our products or purchase our products or services for commercial purposes.
Placing an order on the Site implies full acceptance of these General Conditions without the existence or validity of such acceptance being conditioned on the handwritten signature of the Parties.
Pursuant to Article 7 of Law No. 1.383 of 02/08/2011 on the Digital Economy, amended and published in the Official Gazette of the Principality of Monaco on August 12, 2011, the validation of the electronic contract will occur after the Buyer has been able to, first, verify the details of their order and the total price to correct any errors, and then, secondly, confirm their order to express their final acceptance.
The General Conditions and the order summary sent to the Buyer (see subsequent Article IV) constitute a contractual whole and constitute the entire contractual relationship between the parties.
If any of the clauses of these General Conditions is found to be null due to a change in legislation, regulations, or a court decision, this shall not in any way affect the validity and enforceability of the other clauses of the General Conditions.
CIAUDANO reserves the right to modify or update these General Conditions at any time without notice. The current version of these General Conditions is published on the Site from the effective date of the change. Continued use of the Site, following a change in the General Conditions, constitutes acceptance by the Parties of such change, with the version of the General Conditions applicable to the purchase of Articles by the intermediary of the Site being the one in force on the day of the Customer's order and for which they have given their express acceptance.
Therefore, please check them regularly to be informed of updates. The latest version of these Terms of Sale will always be available on the Platforms. Any new version of these Terms of Sale will take effect immediately upon publication and will govern all orders for products or services placed from that date.
The products and services offered for sale by CIAUDANO (the "Items" and, individually, the "Item") are those listed on the Site. These are often unique or customizable items according to the wishes of the Buyers. Our Items are described and presented on the Site by photographs and texts with the utmost precision possible regarding their essential characteristics, namely: their size, the number of pieces available, their color, composition, etc.
Confirmation of the information appearing in the description of each Item presented on the Site or the modification of certain characteristics of certain Items presented on the Site may be requested by contacting the Seller by email at the following address: montecarlo@ciaudano.com or through the contact form accessible from the homepage of the Site.
However, the Seller provides no warranty, express or implied, as to the accuracy, reliability, and completeness of this information. In particular, each description and information regarding the weight of precious metals and the number of stones and carats are provided for reference only and may vary slightly. For jewelry, this information refers to metric 52 for rings.
Personalization services (e.g., engraving or embossing) or other services may be offered on a selection of products. If you wish to personalize your product, please provide the required information to the Seller by email at the following address: montecarlo@ciaudano.com or through the contact form accessible from the homepage of the Site.
We reserve the right to refuse or deny acceptance of any order for modified and/or personalized products or orders accompanied by a message containing an unacceptable, illegal, or contrary message to our policies. It is your responsibility to ensure the accuracy of any information provided concerning the products to be personalized.
Furthermore, orders for personalized products are non-cancellable, and products that have been personalized in any way cannot be returned to us for a refund as described herein. This clause does not affect your consumer rights.
Our Items comply with the regulations in force in the Principality of Monaco. The Seller’s liability cannot be assumed if the legislation of another country where the products are delivered is not complied with, and it is the Buyer’s responsibility to verify this.
The availability of an Item is indicated in the full description of each Item that appears on the Site. The "sold out" indication means that the product is no longer available in a specific size or model because our production is handcrafted, and our stock is always limited.
All orders placed are subject to availability and our acceptance of such orders.
CIAUDANO reserves the right to modify or cancel an order if an Item is unavailable between the time the Customer confirms the order and the time of shipment.
Quantity limits may be applied to orders for certain products. We reserve the right to refuse orders exceeding a certain number of products at any time without notice.
The User can freely browse the various pages of the Site without any obligation. The languages offered for placing an order are French, English, and Italian.
The User can view the different Items offered for sale by CIAUDANO on their Site.
Any order on the Site constitutes acceptance and adherence without limitation or reservation to these General Conditions, as well as the prices, descriptions of the products available for sale, and delivery terms. After entering the order details and before confirming it, the Buyer can verify the information provided, instructions given, and, if necessary, modify the order.
The order must be confirmed by the Buyer via email containing the essential elements, such as the purchased item, quantity, and VAT-included price.
The User registers their order directly by accessing the Site.
To be accepted, the order must indicate all the information necessary for its processing. These may be modified at CIAUDANO’s discretion and without notice.
The User who wishes to register their order will choose the Items of interest and express their intention to purchase them by clicking on the "Add to cart" box. At any time, they can:
To order the Items selected, after clicking on "My Cart," all Users must identify themselves by completing the electronic form available on this Site.
In this case, the User must complete the form available on the Site, indicating the information necessary for their identification, particularly their first name, last name, postal address, and email address (and any other information deemed useful by the Seller for order processing under the best conditions).
The User must confirm the delivery address, and an order form summarizing the nature, quantity, and price of the Products selected by the User, as well as the total order amount, contact details of the User, and delivery address of the Products, will appear on the screen.
Pursuant to Article 7 of Law No. 1.383 of 02/08/2011 on the Digital Economy published in the Official Gazette of the Principality of Monaco on August 12, 2011, the User can thus check the details of the order and its total price before confirming it to express their acceptance.
Once all the required information has been completed by the User and they have accepted these General Conditions by clicking on the mention "I Accept the General Conditions," they will confirm the order by clicking on the mention "Confirm my order." The User can then pay via PayPal.
Once the Buyer has validated their payment, an order summary will be sent via email to the Buyer’s email address. This confirmation will include all the essential elements of the contract concluded between the Parties.
If no confirmation email is sent by the Seller, the order will not have been taken into account. It will then be the responsibility of the Buyer to ensure receipt of the confirmation email.
The Seller reserves the right, at their sole discretion, to refuse, cancel or terminate any order or delivery at any time for reasonable reasons, such as in the event of a current or past dispute with the Buyer (for reasons such as total or partial non-payment of a previous order by the Buyer, refusal of credit card payment authorization by banking institutions, and/or refusal of insurance, etc.). In this case, the Seller’s liability cannot, in any case, be assumed due to such refusal.
The prices of the Items offered for sale on the Site are indicated in Euros, including taxes. They take into account any reductions as well as the VAT applicable on the day of the order.
They do not take into account any customs duties and taxes that may be applied by countries outside the European Area, nor shipping costs, which, unless otherwise specified, will be billed in addition and will be indicated to the Buyer at the time of the final validation of the order.
The applicable prices for the Items are those displayed on the Site on the day of the order and may be modified daily by the Seller. The Items will be invoiced based on the rates in effect at the time of the order and until its final validation.
The Seller reserves the right to modify prices and shipping costs at any time and without notice.
The Seller guarantees that the prices of the products and the shipping costs are correct at the time when the relevant information was entered into the system or communicated by email. However, despite the Seller’s reasonable efforts, it is always possible that the price of some of the products offered or the shipping costs are incorrect. If the price of any ordered products or shipping costs are incorrect, the Seller will contact the Buyer as soon as possible to inform them of this error. If the Seller is unable to contact the Buyer using the contact details provided during the ordering process, the Seller may cancel the order and will inform the Buyer in writing.
The Items remain the property of the Seller until full payment of the price. In case of non-payment by the Buyer of all or part of the order price, the Seller reserves, until full payment, a right of ownership over the products sold, allowing them to repossess said products by any means.
The Buyer must pay for their order via …………………………………….
The amount due by the Customer is the amount indicated in the order confirmation sent by email by the Seller to the Buyer. This amount includes the price of the product(s), shipping costs, taxes, and any other charges. These sums will be fully payable to the Seller upon confirmation of the order by PayPal (secure online payment).
The Seller will not be required to proceed with the delivery of the items ordered by the Buyer if the latter does not pay the price under the conditions and as specified above.
The items purchased on the Site by the Buyer are shipped to the delivery address indicated on the Site by the Buyer at the time of the order.
Upon shipment, the Seller sends the tracking number of the package, the invoice of the order, and the date of order validation to the Buyer by email.
In-store pickups may be offered free of charge at some locations. The Seller will inform the Buyer by email or phone when the product is ready for in-store pickup.
CIAUDANO will make every reasonable effort to ensure that delivery is made by the carrier within the estimated delivery times from the date of the Written Order and the Shipping Confirmation, and in any case within thirty (30) days following that date, except for the purchase and delivery of custom items or items that must be personalized at the customer's request. For these items, the Seller will provide the Buyer with specific shipping times proportional to the time required for the production or customization of the Items.
If, due to extraordinary circumstances (e.g., interruption of internet or postal services, server failure, etc.), the shipment cannot be made within the agreed terms, the Seller will inform the Buyer and provide a new estimated shipping time.
To comply with these terms, the customer must ensure that they have provided accurate and complete information regarding the delivery address (such as, in particular, street, building, staircase numbers, access code names, and/or intercom numbers, etc.). Inaccurate information may lead to additional delivery delays or even return. If the customer refuses to accept delivery of the package, shipping costs will not be refunded.
Outside the European Union, it should be noted that delivery may be delayed until the payment of customs formalities and charges by the Buyer, who agrees. The refusal of payment by the Buyer of customs duties results in the cancellation of the order and the refund thereof. Any transport and customs clearance fees paid to recall the order will be deducted from the refunded amount.
In any case, if the package is not received within the specified time limits, the Buyer may contact the Seller by phone at +377 93 50 52 00 or by sending an email to the following address: montecarlo@ciaudano.com
The transfer of ownership of the items offered for sale on the Site to the Buyer will only be made after full payment of the price by the Buyer, regardless of the date of delivery of the items.
CIAUDANO reserves the right to modify delivery costs at any time, particularly in the event of changes in carrier charges. Delivery costs are indicated to the customer before confirming an order.
These prices are subject to variations. When the Buyer requests delivery via express courier, shipping costs will vary depending on the destination and will be added to the price of the Items.
Any order placed on the Site or Platforms may be subject to taxes and customs duties collected in the countries where the Items are delivered. These customs duties and any taxes related to the delivery of an item are the responsibility of the Buyers. The Seller is not required to verify and inform Buyers or Users of applicable customs duties and taxes. Buyers should inquire with the relevant authorities in their country.
Delivery of the Items by the carrier will be made to the address indicated by the Buyer. If the Buyer is absent at the delivery location, duly reported by the carrier, and depending on the mode of transport chosen by the Buyer, the carrier will leave a passage notice in the mailbox with a contact number for arranging a second delivery, indicating the need to go to one of the courier’s locations to pick up the item. The cost of the new delivery will be borne by the Customer.
CIAUDANO reserves the right to refuse delivery of orders to collective addresses such as offices, hotels, or healthcare facilities. In the case of delivery to a collective address, the customer acknowledges that CIAUDANO’s obligation to deliver the Items will be deemed fulfilled as soon as the Items are delivered to the collective address indicated on the order form, regardless of whether the shipment is received by the final recipient or a third party.
If the Buyer has indicated a different recipient for delivery (e.g., if it is a gift), the Buyer understands and agrees that the signature of such a recipient (or a person at the delivery address) constitutes proof of delivery and payment of the sales contract by CIAUDANO, resulting in a transfer of responsibility to the recipient’s address as if the product had been delivered to them. For certain product categories, CIAUDANO reserves the right to deliver the products only to the person who is the recipient of the order as indicated on the package label and to request an identity check for verification purposes at the time of delivery.
Despite the care taken in preparing our orders, some items in an order may be missing or not conform to the descriptions. For this reason, upon receiving their order, the Buyer will ensure the compliance of the items received and should refuse any package opened, torn, and/or repackaged by the carrier.
Any anomaly related to delivery (missing, defective, non-compliant, or damaged package) must be reported within three (3) days of receipt of the package by the Buyer to the Seller at the address: 18 Boulevard des Moulins, 98000 MONACO, or by email at the following address: montecarlo@ciaudano.com
Any claim made after this period will be rejected, and CIAUDANO will be exempt from any liability.
If the above conditions are met, and regardless of the exercise of the right of withdrawal provided for in Article VIII of the General Conditions, CIAUDANO will proceed either with the refund of one or more defective Items or with the reshipment of the missing or damaged Item, subject to the validity of the Buyer’s claim and the availability of the item in question. CIAUDANO reserves the right to request that the Buyer return, at their expense, the non-compliant or defective Item.
The refund will be made within a maximum period of fourteen working days from the date of receipt by CIAUDANO of the package forwarded by the Buyer.
Under Article 10 of Law No. 1.383 of 08/02/2011 on the Digital Economy published in the Official Gazette of the Principality of Monaco on August 12, 2011, the Buyer has a free withdrawal period of 7 days to exercise the right of withdrawal and return to CIAUDANO the Items without having to justify reasons or pay penalties. This period begins on the day the Items are received by the Buyer. It is increased to 14 days if the delivery is within the European Union.
The Buyer wishing to exercise the right of withdrawal must inform the Seller of their decision to withdraw from their obligations through a clear statement sent by mail or email and return at their own expense the Items that do not satisfy them to the following address: CIAUDANO, 18 Boulevard des Moulins, MONACO (98000).
The Buyer may, if they wish, use the standard withdrawal form below (Appendix 1). Returned Items must be accompanied by the sales invoice that was sent to the Buyer with the Item.
CIAUDANO will verify that the returned product meets the cancellation and return conditions. If so, CIAUDANO will proceed with the refund.
The right of withdrawal does not apply to custom-packaged Items, nor to those customized or "personalized" according to the Buyer’s instructions.
Thus, orders for customized products cannot be canceled, and customized products cannot be returned to the Seller for exchange or refund.
The Buyer agrees to return the product to CIAUDANO at the CIAUDANO sales point located at the following address: 18 Boulevard des Moulins 98000 MONACO.
The Customer may return the product directly to the CIAUDANO Boutique or follow the steps below:
The Customer must keep proof of the return shipment; CIAUDANO declines all responsibility if the Customer is unable to provide such proof. Only goods received at the CIAUDANO Boutique located at 18 Boulevard des Moulins 98000 MONACO will be eligible for a refund.
Our products must be returned in new and undamaged condition, in perfect condition, with all protective materials in place, and accompanied by the same number of links as in the original packaging, with tags and stickers attached (if applicable), as well as the original box and packaging, including all accessories and documents.
CIAUDANO reserves the right not to accept any return if the product shows signs of wear, has been used or altered in any way from its original condition, or we may reduce the amount of the refund.
If you received free items as part of your order, they must be returned with the products.
All returns will undergo a strict Quality Control ("QC") by CIAUDANO to ensure that the returned products comply with these quality requirements. If the products do not meet the quality control standards, CIAUDANO will refuse the return, and the products will be returned to the Buyer. If the returned product meets the quality control standards, we will issue a refund.
Failure to comply with these Terms of Sale will entitle CIAUDANO to refuse the returned product and return it to the Buyer at their expense.
Orders for products that have been customized for you cannot be canceled, and such products cannot be returned to us for exchange or refund. This includes products that have been engraved, embossed, or altered in size or dimensions.
Writing instruments that have been filled with ink, as well as opened bottles and refills, cannot be returned.
The Buyer may return a product purchased on the Site for a refund, provided that the return complies with these Terms of Sale, particularly (a) the Right of Withdrawal and (b) the Return Procedure above.
Only the Buyer will be entitled to receive the refund of the purchase price. A person who received the product as a gift (i.e., the "Gift Recipient") will not be entitled to receive a refund.
If the return complies with these Terms of Sale, CIAUDANO will do its best to refund the Buyer the purchase price of the product using the same payment method used to settle the initial transaction within fourteen (14) days from receipt of the returned product.
Shipping costs will not be refunded, and the costs of returning the product (i.e., the costs of the CIAUDANO logistics partner) will remain the responsibility of the Buyer ("Customer").
CIAUDANO guarantees Buyers against non-conformity defects of the Items sold through the Site and against hidden or disabling defects of the Items under the conditions provided for by Articles 1467 and 1483 of the Monegasque Civil Code.
To assert their rights, the Buyer must, under penalty of forfeiting any related action, inform the Seller in writing of the existence of hidden defects within a maximum period of 2 years from their discovery. Contrary to the above, in movable property matters, the action arising from disabling defects must be brought by the buyer within six months of discovering the defect.
In exercising the above guarantees, CIAUDANO may, as the case may be and at its discretion, replace, repair, or credit the Buyer for the guaranteed products or parts deemed defective. This warranty also covers labor costs.
Any warranty is excluded in the case of misuse, negligence, deterioration, failure to maintain, or improper use of the Items by the Buyer, as well as in cases of normal wear and tear or force majeure.
All elements of the Site are protected by copyright, trademarks, or patents. They are the exclusive property of CIAUDANO or the brands sold and distributed.
The User who has a personal website and wishes to place, for personal use, a simple link directing to the homepage of the Site must request authorization from the Seller.
However, any hyperlink redirecting to the Site and using framing or inline linking techniques is formally prohibited. In any case, any link, even tacitly authorized, must be removed upon simple request from the Seller. Hyperlinks may refer to other sites other than the Site, and the Seller is exempt from any responsibility in the event that the content of such sites violates applicable laws and regulations.
CIAUDANO undertakes to take the necessary care and diligence to provide Items of excellent quality in accordance with the commitments made in these General Conditions. CIAUDANO is only bound by an obligation of means concerning the services it provides and cannot be held responsible for damages inherent to the use of the Site, particularly a service interruption, external intrusion, or the presence of computer viruses, or any fact qualified as a fortuitous event or force majeure by law and case law.
Under these General Conditions, any impediment, limitation, or disruption of the Service due to fire, explosion, war, embargo, epidemic, earthquake, flood, insufficient bandwidth, breach attributable to the access provider, network failure, or transmission facilities, fraudulent use of passwords, codes or references provided to the Buyer, computer piracy, a security defect attributable to the Site host or developers, power outage, law, judicial injunction, requirement of any government, requisition by authorities, strike, boycott or other circumstances beyond the Seller's reasonable control shall be considered a force majeure event against the Customer. In such circumstances, CIAUDANO shall be released from its obligations.
The Site is accessible only based on its availability. The Seller cannot be held responsible if, due to the Site’s maintenance operations or for other reasons beyond its control, the User cannot access the Site, or if access is interrupted, preventing them from carrying out their search or purchase operation.
The products offered comply with current Monegasque legislation. CIAUDANO cannot be held responsible in case of non-compliance with the legislation of the country where the Items are delivered. It is up to the customer to verify with local authorities the possibilities of importing or using the products they intend to order.
The registration of personal data by Buyers on the Site, as part of remote sales operations, is necessary for the processing and delivery of orders as well as the preparation of invoices. The information is recorded by creating a personal space, and the failure to provide such information automatically results in the rejection of orders.
CIAUDANO collects personal and nominative data relating to Users and Buyers to ensure the proper management of orders placed on the Site, but also uses this information for statistical and marketing studies and, if Users and Buyers have given their consent, to send them prospecting emails, newsletters, and promotional offers. Such information and data are also kept confidential for security reasons, to comply with legal and regulatory obligations.
In application of the provisions of Law No. 1.165 of December 23, 1993, on the protection of personal data, as amended, published in the Official Gazette of the Principality of Monaco on December 31, 1993, and Decree No. 2010-191 concerning simplified declaration procedures for the automated processing of personal data relating to customer management (April 7, 2010), CIAUDANO undertakes to ensure that such information remains strictly confidential and is not communicated to any of its business partners without the prior, express, and unambiguous consent of the Buyers.
This commitment does not apply to personal information provided to external service providers and Site Administrators for the purposes of Site administration and maintenance, who are themselves bound by strict confidentiality obligations toward their customers.
Users and Buyers have the right to access, correct, and delete data relating to them, which they may exercise at any time by writing via email to montecarlo@ciaudano.com or by mail to:
CIAUDANO MONTE CARLO
18 Boulevard des Moulins
98000 MONACO
To allow all Users optimal navigation on the Site as well as better functioning of various interfaces and applications, CIAUDANO may install a "cookie" on the User's or Buyer's computer.
A "cookie" is a data block that does not identify the User or Buyer but allows information related to their navigation on the Site to be recorded to conduct traffic analyses and improve the browsing experience. These cookies are intended to be stored on the User's or Buyer's computer for a period of up to 13 months and can be read and used by CIAUDANO during a subsequent visit to the Site. The browser configuration allows the User or Buyer to be informed of the presence of a cookie and to reject it.
The IP address corresponds to an encrypted code that allows the unique identification of a computer on the Internet. CIAUDANO reserves the right to collect the public IP address of all Site visitors. The collection of this IP address will be anonymous, and the IP addresses thus collected will be retained for the period provided by law.
CIAUDANO must communicate all personal data relating to a User or Buyer to the Police Authorities upon judicial request or to any person upon court decision. The IP address can be matched with the actual identity of the User or Buyer if such information is communicated to authorities by an Internet service provider.
To the extent permitted by applicable law, CIAUDANO disclaims and excludes all other terms, conditions, and warranties relating to the products, whether express or implied, or arising from any transaction, use, or prior business practice.
Nothing in these Terms of Sale limits or excludes the Seller's liability in cases of liability that cannot be limited or excluded by applicable law. Without prejudice to the foregoing, the total liability to the Buyer under these Terms of Sale for any order, whether contractual, tortious (including negligence), or otherwise, even if the Seller has been informed of the possibility of such damage, shall in no case exceed one hundred percent (100%) of the price of the product(s) subject to the order.
Please note that in some countries, consumer protection laws may not provide for certain exclusions or limitations of warranties or liability, and therefore some of the above exclusions and limitations may not apply.
These general terms and conditions of sale are subject to Monegasque law and the Vienna Convention on the International Sale of Goods. The language of this contract is French, and in the event of multiple versions on the Site, the French language shall prevail.
In case of dispute, the Parties will attempt to resolve the dispute amicably and in good faith. If this proves impossible, any dispute relating to the interpretation, execution, or termination of this document will be submitted to the exclusive jurisdiction of the courts of the Principality of Monaco.
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