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    GENERAL TERMS OF SALE

    Between
    ATELCOM MONTE CARLO
    SCS BARDOTE & CIE
    Les Arcades du Métropole
    2a, av. de Grande Bretagne
    MC 98 000 Monte-Carlo
     
    And
    The customer
     
    Hereinafter referred to as “the parties”

     
     
     

    NB: ATELCOM MONTE-CARLO differentiates between the following entities: the Customer and the Professional. The Customer is a private individual who buys for himself while a Professional buys on behalf of a company or is the company itself. The consumer is an individual who buys for himself.

    Preamble

    ATELCOM MONTE-CARLO is a company that specialises in the sale of top-of-the-range mobile phones and personalised products.

    ATELCOM MONTE-CARLO sells its products mainly in its Boutique located at: Les Arcades du Métropole 2a, av. de Grande Bretagne MC 98 000 MONTE CARLO, but also by tele-shopping on the Internet network (website or electronic mail), or by telephone by Mail Order Catalogue.

    Most of the personalised products sold by the company are listed on the Website, www.atelcom.mc

    ATELCOM MONTE-CARLO does not distribute a catalogue in hard-copy format.

     

    1.0 Purpose

    The purpose of these general terms is to lay out the conditions of sale between ATELCOM MONTE-CARLO and its customers defined below. Under these general terms, any individual entity or corporate body that orders from the website www.atelcom.mc, whether or not it concerns a private individual, is a customer. If these terms should vary according to the customer’s position, the differences will be specially noted.


    1.1 Field of application 

    These general terms of sale govern the sale of products available at www.atelcom.mc on the day the order is sent. They are applicable whether the order is sent by the Internet, electronic mail, telephone, fax or by mail. If these terms should vary according to the method by which the order is sent, the differences will be specially noted.

     

    1.2 Territoriality 

    Customers who order from the ATELCOM MONTE-CARLO website in the French language are considered to be buying in Monaco and are therefore subject to Monegasque law. It is expressly indicated that in case of a dispute the parties will seek an amicable solution.

     

    1.3 Contractual capacity 

    Since the purchase of products on the ATELCOM MONTE-CARLO website is not considered an activity of daily living, in conformance with article 1124 of the Civil Code, all ATELCOM MONTE-CARLO customers declare that they have the capacity to contract according to the terms described hereinafter, which means that they are emancipated minors or have achieved minimum voting age and do not fall under the protection of article 488 of the Civil Code.

     

    1.4 Acceptance by the customer 

    For the customer, validating an order automatically signifies express acceptance of these general terms of sale. These terms are applicable without exception for any other terms, except by written agreement signed by the parties. Purchase by electronic mail, telephone, fax or mail also implies acceptance of these terms. They can be read directly on the website. They can be sent by electronic mail, fax or mail on simple request.

     

    1.5 Modification of the general terms of sale 

    These conditions can be modified at any time, therefore the customer is asked to read them regularly. Each version of the terms has a specific date; therefore orders are governed by the general terms available on line and therefore the current terms on the date of the order.

     

    1.6 Characteristics of the products 

    ATELCOM MONTE-CARLO endeavours to present the basic characteristics of the products as clearly as possible in the product data sheets.

    The information is provided by the manufacturers. ATELCOM MONTE-CARLO is under no circumstances responsible for erroneous data transmitted by the manufacturers.

    Our product managers ensure that the images presented on the website correspond as closely as possible to the product sold. However, should there be any aesthetic difference this will not affect the main characteristics of the product.

    For each of these data sheets, ATELCOM MONTE-CARLO also has a link to articles concerning the product in question or directly to the manufacturers’ websites. It is always possible to receive confirmation on these technical details by contacting us by e-mail: info@atelcom.mc

    Unless there is specific information to the contrary on the website, all the products sold by ATELCOM MONTE-CARLO are new.

    The products offered are in conformance with the current European legislation and the applicable European standards.

    ATELCOM MONTE-CARLO endeavours to always supply a manual in the consumer’s language. However, sometimes this manual is only available by downloading it from the manufacturer’s website.

     

    1.7 Discounts and gifts

    Gifts are offered according to the product that is purchased. These gifts are listed on the pages of the products in question. Customers cannot claim any reduction or compensation in case the gifts offered are refused since ATELCOM MONTE-CARLO assumes the charges related to these gifts. Gifts are neither guaranteed, nor taken back, nor exchanged.

     

    1.8 Price 

    1.8.1 Prices are indicated in Euros, inclusive of tax, excluding Shipping Costs.

    1.8.2 Because the rates of the company’s suppliers are constantly changing and are subject to the laws of the stock market, the prices posted on the website may be modified at any moment as well as because of launch prices, promotions or sales.

    They may also vary according to the price of Precious Metals and Precious Stones.

    1.8.3 All prices are provided subject to obvious typographical errors.

    1.8.4 Postage:

    Postage is billed according to the estimated weight (according to the weight volume rules provided by the transporter) of the package (wrapping and gifts included), the country of delivery and the transporter chosen. It includes the insurance costs ad valorem*.

    Postage may be offered free of cost from time to time as part of marketing operations.

    Note: all orders for three articles or more might be divided into partial shipments for which the additional delivery costs will be charged to the customer.

    In case of cash on delivery the proportionate share inherent in this service is included in the price. It cannot be disputed once the service has been rendered.

    1.8.6 ATELCOM MONTE-CARLO only ships packages ensured ad valorem*. The insurance amount is included in the postage.

     

    • Definitions of ad valorem on the Web: (on the value) By subscribing to an insurance coverage Ad Valorem, you transfer the risks of damage to your merchandise to an insurance company which will indemnify you, not by virtue of a principle of liability (third party insurance) but solely on the basis of the damage. 
www.logistiqueconseil.org/Articles/Transit-douane/Assurance-glossaire.htm

    2.0 Value Added Tax (V.A.T )

     

    2.1 Sales to Private Individuals 

    The V.A.T. applies to sales to residents of the European Union excluding the French Overseas Departments and Territories and Switzerland.

    It does not apply to non-French companies in the European Union with an intra-Community VAT number wishing to benefit from VAT exemption.

    The V.A.T. does not apply to residents outside of the European Union, Switzerland and the French Overseas Departments and Territories either.  

    Sales from Metropolitan France to residents outside of the EEC, Switzerland and the French Overseas Departments and Territories are tax-free.

    According to the current local legislation, products are to be taxed (local VAT, dock dues, customs duties) on arrival, and the said taxes are charged to the customer except in cases of specific contractual provisions between the parties.

    He should pay local taxes based on the amount before the applicable taxes of the destination country, and other related customs costs to the transporter on delivery.

    These costs cannot be calculated in advance and therefore we cannot indicate the amount.

    For additional information, ATELCOM MONTE-CARLO strongly advises customers to contact the relevant local authorities directly.

     

    2.2 Intra-Community Sales to Companies Only 

    Companies based in Europe are exempt from V.A.T. according to the following article:

    VAT exemption according to article 31 of the tax code on Monaco turnovers.

     

    The intra-Community VAT number must be provided at the time of the order and will be validated by us. The customer should return the official documents such as the tax document with his intra-Community VAT n° applicable in his country of registration as well as his registry of commerce number.

    The customer is aware and agrees that any order without a VAT number entered on the website and validated by us with the copies of the documents requested, will be invoiced inclusive of tax and he will not be able to cancel or be reimbursed.

     

    2.3 Rate 

    The current V.A.T. rate as of April 2011, applied in the Principality of Monaco is 19.6% for deliveries in the European Union.

     

    2.4 Customs 

    There are no customs fees within the European Union but this is subject to possible changes in the current legislation. Customs fees, if any, are applicable to merchandise sold from the European Union to the customer’s country outside of the European Union. In this case the customer ensures that these customs fees are paid and that the associated administrative aspects are addressed. The seller’s responsibility ends once the product has been sent to the address indicated by the customer. Please remember that the French Overseas Departments and Territories are considered to be outside of the European Union and are therefore subject to customs clearance. (cf. statement 2.1)

     

    3.0 Order

    3.1 Ordering

    When the customer is a private individual, he may order from ATELCOM MONTE-CARLO either directly from the company’s website, by electronic mail, phone, fax or mail. When ordering from the website, the customer must enter his details in an appropriate form himself. The customer is asked to re-read his form before validating his order. ATELCOM MONTE-CARLO is not responsible for errors in electronic transmissions or errors in shipment resulting from incorrectly completed forms.

     

    3.2 Confirmation 

    An automatic order confirmation is sent by electronic mail to the customer on condition that the e-mail address indicated in the order form does not contain any errors.

     

    3.3 Cancellation applicable only to private individuals 

    3.3.1    Non-personalised article:

    For non-personalised products, customers have a period of 14 days after the date of receipt, in conformance with European law, beyond which the order cannot be cancelled.

    Please send an e-mail to: info@atelcom.mc with the order number and the reasons for cancelling.

    The free examination period is not applicable to any order by a customer for a special product that is not on sale on the website.

    -       Personalised article:

    For personalised articles, the customer has a period of 2 working days in which to cancel his order. Please send an e-mail to: info@atelcom.mc along with the order number.

    Beyond this deadline cancellations will not be possible since the fabrication of the product would have started and considering that the product is personalised on request, with a choice of materials and colours to fit the customer’s image, we are unable to cancel.

     

    3.3.2    Reimbursement of pre-paid orders

    – Articles in stock

    For all partial or complete pre-paid orders that are cancelled, for which the articles are in stock at the time of cancellation, a credit note corresponding to the amount paid will be issued.

    This credit, which is valid for one year as of the date it is issued, can be used for any purchase on our website or in the shop located at Les Arcades du Métropole, 2a, av. de Grande-Bretagne MC 98 000 MONACO, or by simple written request can be reimbursed according to the payment method, either by bank card or by bank transfer, minus the bank and transport costs, within 10 days.

     

    – Out of stock and non-personalised Articles 

    For all partial or complete pre-paid orders that are cancelled, for which the articles are not in stock at the time of cancellation, a credit note corresponding to the amount paid will be issued.

    This credit which is valid for one year as of the date it is issued, can be used for any purchase on our website or in the shop located at Les Arcades du Métropole, 2a, av. de Grande-Bretagne MC 98 000 MONACO, or by simple written request, according to the payment method, either by bank card or by bank transfer, minus the bank and transport costs, within 30 days.

     

     

    3.4 Availability of non-personalised products 

    Our product and price offers are valid as long as they appear on the website, according to the available stocks. On receipt of the order, ATELCOM MONTE-CARLO will confirm the order of products that are not available and will mention the delivery deadline.

    More information can be delivered by telephone or by simple request by electronic mail.

    If ATELCOM MONTE-CARLO is unable to obtain a product from its suppliers, the customer will be notified of the foreseen delay by electronic mail. The customer may then choose to cancel his order or choose an alternative product proposed by ATELCOM MONTE-CARLO, based on this new information.

    In any case, no penalty will be applied for the cancellation of such orders or for a longer deadline.

     

    For personalised products, after receipt of the order and within a period of 3 days, ATELCOM MONTE-CARLO agrees to confirm the availability and deadline for the materials and colours chosen from the range available on the website: www.atelcom.mc

     

    4.0 Payment

    When payment is made by credit card, the customer’s bank account will be debited on the date of the order.

    ATELCOM MONTE-CARLO reserves the right to refuse an order if the identity of the bank card holder is not verified and does not correspond to the one ordering; in general only the bank card holder can order and pay.

    If the bank card holder is different from the person ordering, ATELCOM MONTE-CARLO will demand the following documents from this holder: a copy of his identification card, a copy of his bank card and a letter authorising this debit transaction on his bank card.

    Failing this, the order will be cancelled.

     

    4.1 Payment methods - PLEASE REFER TO Mr BARDOTE 

    The customer may pay by the following payment methods:

    4.1.1 Credit card (MasterCard, Visa) 3D SECURE France and the European Union

    Credit card (MasterCard, Visa) Outside the EEC. Beyond €1,500, a bank transfer is required. To be specified. In progress

    4.1.2 American Express.

    4.1.3 Bank transfer

    Important:

    MasterCard and Visa policies require that you choose between their foreign exchange conversion procedures.

     

    The customer guarantees ATELCOM MONTE-CARLO that he has the required authorisations if any, for use of the payment method chosen by him.

     

    4.2 Failure to pay 

    ATELCOM MONTE-CARLO reserves the right to refuse to deliver or honour an order from a customer who has not partially or fully paid a previous order or with whom legal proceedings are underway.

     

    4.3 Anti-fraud control 

    The information concerning the customer’s order is verified in order to prevent bank card fraud. ATELCOM MONTE-CARLO is the addressee of data concerning the customer’s order. Non-transmission of these data prevents your transaction from being analysed and completed. An outstanding debt due to the fraudulent use of a bank card will lead to the registration of the details from the order associated with this outstanding debt in a file. Irregular or abnormal declarations might also be subject to special treatment. In conformance with the Data protection Act of January 6, 1978, you have a right to access, rectify, delete and oppose all your personal data by writing a letter and providing proof of your identity to ATELCOM MONTE-CARLO. In addition, under these circumstances, ATELCOM MONTE-CARLO can ask the customer for all the documents required for processing the order: proof of address, identity papers, etc.

     

    4.4- Reservation of ownership 

    ATELCOM MONTE-CARLO remains the owner of merchandise delivered until they are completely paid for by the customer. The provisions above do not prevent the transfer of risks to the customer for the loss or deterioration of goods that are subject to the reservation of ownership, or any damage they might cause, as of the delivery of the merchandise.

     

    5.0 Invoice

    The purchase order that the customer establishes on line is not an invoice. Regardless of the method of ordering and payment the customer receives his invoice by mail. ATELCOM MONTE-CARLO keeps a digital copy of each invoice.

     

    6.0 Deadlines

     

    6.1 Preparation deadline 

    Orders sent by the Internet are picked up anytime between Monday and Friday. The deadline for processing orders varies according to the payment method chosen (for example; the customer must take into consideration the period for processing his bank transfer), the availability of stocks, and the applicable procedures within the company. This can therefore vary from a few minutes to several days.

     

     

    6.2 Transport deadline 

    They depend on the transporter. ATELCOM MONTE-CARLO wishes to inform its customers that the deadlines announced are those provided by the transporters. They are only transmitted as an indication. Therefore, ATELCOM MONTE-CARLO cannot, under any circumstances, be held responsible for the non-respect of these deadlines. In addition, ATELCOM MONTE-CARLO would like to point out to customers that these deadlines do not include Sundays and public holidays and also depend on the precision of the address provided by the customer on the date of the order as well as his availability for receipt of the package. The customer is reminded of these deadlines in the purchase order when the order is sent.

     

    6.3 Delivery deadline 

    If ATELCOM MONTE-CARLO has the product in stock, the delivery deadline is equal to the preparation deadline for the order plus the transport deadline. If ATELCOM MONTE-CARLO does not have the product in stock, the due time for the product to arrive in the company stock must be added to the preparation deadline and the transport deadline. Once the initial deadline announced is passed, a new deadline will be sent to the customer according to the information that ATELCOM MONTE-CARLO has.

     

    7.0 Shipping costs

    Please refer to the delivery costs table.  

     

    7.1 Packaging 

    Products for shipment are packaged according to the related standards. The procedures and techniques used, change in view of optimising packaging in general, but in any case, are aimed at satisfying customers through high-quality follow-up.

     

    7.2 Confirmation

    If the customer sent his order by the website, an automatic confirmation of the dispatch of his package is sent to him by electronic mail, on condition that the e-mail address indicated in the order form does not contain any errors.

     

    7.3 Package tracking 

    The number of the package shipped is available at the end of the day on the customer order tracking page. With this number, the customer can track his package on his chosen transporter's website. Tracking the package depends on the transporter and is his responsibility. ATELCOM MONTE-CARLO is not responsible for errors that might be on the transporter’s website, or for bugs that might hinder the possibility offered to the customer to track his package on the transporters’ websites.

     

    7.4 Transport 

    ATELCOM MONTE-CARLO works with different transporters. All transporters do not deliver to the same place. Therefore, according to the place of delivery, the choice of transporters is not identical. Finally, the choice of transporters is also different according to the price and quantity of products contained in the package to be delivered.

     

    N.B.: The “ARMED SERVICES” zone is only served by COLIPOSTE Armed Services which abides by strict rules concerning addresses.

     

    8.0 Delivery

     

    8.1 Place of delivery 

    Products are delivered by default to the delivery address indicated by the customer on the purchase order. If the delivery address is different from the billing address, the customer indicates both addresses on the purchase order and the package is delivered to the specified address.

     

    In accordance with the DCSPI (French Inter-army Postal Service Central Department), packages weighing more than 30 kilograms cannot be shipped by mail, but only according to internal military logistics (Military Air Freight).

    Requests for transport according to military logistics should be sent directly by the addressee.

    The packages affected by this logistics should be indispensible to the proper functioning of the military armed forces detached on location.

     

    8.2 Absence on the day of delivery 

    Depending on the case the transporter may leave a non-delivery notice in the customer’s mailbox asking him to contact the post office or the closest depot to his home, or to contact the transporter to set another delivery date. Information concerning this type of situation is usually available on the delivery company’s website. The customer might not find the non-delivery notice, in which case it is up to him to track his package on line in order to remain informed of the situation as soon as possible.

     

    8.3 Late delivery 

    A package might not arrive within the deadline guaranteed by the Post Office or the transporters. For the Post Office, the customer should contact the distributing branch first: packages delivered notably by c.o.d. are often waiting to be dealt with at the Post Office and as a result must be collected at the distributing branch with identification papers. In any case, whether by the Post Office or the transporter, if there is a long delay, the customer may contact ATELCOM MONTE-CARLO to open an inquiry to locate the package: it might actually be lost.

     

    8.4 Loss of a package 

    In this case, ATELCOM MONTE-CARLO is obliged to meet the deadline set by the Post Office or by the transporters concerning the declaration of the loss and reimbursement of the shipment. As a result of this, the customer is also bound by these deadlines:

    - Therefore, he has a maximum of 10 working days as of receipt of the e-mail confirming the shipment of his package, to declare it lost to ATELCOM MONTE-CARLO. Beyond this deadline no claim will be taken into account.

    - Moreover, if the customer has declared the loss of his package within the deadline clearly stated above, ATELCOM MONTE-CARLO will open a claim file. In this framework the customer might be asked to provide documents required to establish this file. The customer should provide them as soon as possible.

    - The final answers concerning the inquiries are provided by the transporters within a deadline of one to three weeks. There are two types of answers: either the package is found and it is then sent to the customer again according to the normal procedure, or the package is declared lost by the transporter and ATELCOM MONTE-CARLO informs the customer of this and makes a second shipment or reimburses (the amount invoiced) the customer, according to his choice.

     

    8.5 Receipt of the package 

    Packages must be signed for before being handed over to the addressee. All shipments in cardboard boxes are secured with a black wrapping. ATELCOM MONTE-CARLO requests that its customers ensure that this black wrapping is present on receipt of the package. All products that are delivered must be verified and the verification along with any reservations, in case of partial or complete damage, must be noted on the delivery slip. If no reservations are noted, the product is considered to have been delivered in good condition and cannot be the subject of any subsequent dispute against ATELCOM MONTE-CARLO. Please remember that if the addressee wishes to reserve the right to lodge a justifiable complaint against the transporter, it is up to him to do so within 3 days, excluding public holidays, after the date of delivery. This complaint must be made by RLAR (Registered Letter with Acknowledgement of Receipt).

    All packages that are not collected and that are returned to ATELCOM MONTE-CARLO can be re-shipped at the addressee’s cost.

     

    8.6 Delivery error 

    When the customer receives the package he must send an e-mail, fax or letter to ATELCOM MONTE-CARLO if he has any complaints of non-conformance concerning the type, quality or quantity of the products in relation to the indications on the invoice. Any complaint of non-conformance must be made before 10 am on the next working day following the delivery of the package. Any complaint not made according to the above rules and within the given time, cannot be taken into account and will relieve the company of any responsibility towards the customer.

     

    8.7 Strikes or circumstances beyond our control 

    In case of a strike by the Post Office or transporters or any other exceptional event that might slow down or prevent the delivery of packages, ATELCOM MONTE-CARLO will do its best to inform the customer of the shipment status of his package.

     

    8.8 Verification related to Exportation and local laws 

    You should find out from your local authorities about the conditions for entering products you have ordered into the country, and make all corresponding declarations and/or payment to the appropriate organisations in the country concerned.

    You should verify from the local authorities whether it is possible to import or use products or services you have ordered.

    You should also ensure that the manufacturer’s technical specifications are in conformance with the laws of the country concerned.

    If you do not abide by the laws of the country to which you send the products, we cannot be held responsible.

     

    9.0 Returns

     

    9.1 Procedure and general conditions for return 

     

    9.1.1 Conditions 

    A product is considered as a whole; therefore, if the customer ordered a pack and is not satisfied with one of the components of the pack, he should return the entire pack. ATELCOM MONTE-CARLO reserves the right to return incomplete packages to the customer.

     

    9.1.2 Procedure - Packaging

    The customer must inform ATELCOM MONTE-CARLO beforehand of his intention to return the package. He may do so by electronic mail, fax or mail. The deadline given to contact our customer service depends on the reason for the return; details are given in point 9-2 et seq. of the GTS. The request for return must be sent to our customer service which will provide a return approval number. Once this approval is received, the customer has 5 days in which to return the product to the address provided (this address could be one of our warehouses but it might also be an approved technical centre where defective materials are repaired). Beyond this delay the return shipment will be refused. ATELCOM MONTE-CARLO recommends that the return be made by a means that enables the customer to ensure the tracking and proper delivery of the package to the address provided. If this is not the case and the package shipped by the customer for return to the ATELCOM MONTE-CARLO services is not received, the customer will not be able to request an inquiry from the transporter in order to locate the package. The customer should make careful note of the fact that any package not shipped by ATELCOM MONTE-CARLO does not fall under this company’s responsibility. Only the sender of the package is able to make an inquiry at the postal services.

     

    Packaging

    - Choose a package according to the size of the articles being returned.

    Attention: if the package used is too big, ATELCOM MONTE-CARLO reserves the right to only compensate the customer based on the appropriate package.

    - Wrap the elements with shock-absorbing materials. You must have an adequate amount surrounding the entire object so that the product does not touch the different sides of the package and is stably held in position inside.

    Attention: Do not write on the original wrapping.

    - Clearly affix the return number(s) on the outside of the package close to the shipment address preceded by “SAV” (Customer Service) in big letters. If several return numbers were provided, the customer must indicate all of them on the package. If several packages are required for shipment, it is important that the numbers written on the boxes correspond to the content of the different packages.

    - Indicate the shipment address

    - The customer’s details must also appear on the package.

    It is important to write the return number(s) on the package. Any package without this number will not be accepted.

     

    Please note: On receipt, ATELCOM MONTE-CARLO will verify the conformance of the product returned and the reason for the return. If the returned product is not in conformance, it will be refused by the ATELCOM MONTE-CARLO services and re-shipped to the customer at his cost. If the reason for returning the product is unfounded, the product could be refused and therefore re-shipped to the customer at his cost. The reason for the return could, for example, be changed. The customer would then be informed by e-mail and his return would be processed for the new reason.

     

    The ATELCOM MONTE-CARLO Return Service is not an expert service. An appliance that breaks down or malfunctions might be sent to the corresponding manufacturer’s Customer Service. In this case the procedures followed will be those recommended by the manufacturer.

     

    9.2 Retractions applicable to private individuals only

     

    9.2.1 Return methods

    In conformance with article 6 of Directive 97/7/EC of the European Parliament and Council, the consumer has a deadline of 14 working days as of the date of receipt of his order to return any non-personalised article that does not suit him, in the original package and in adequate condition for re-sale, and to request an exchange for another product or reimbursement without penalty, except for the return cost. Therefore, the customer has 14 days in which to notify ATELCOM MONTE-CARLO that he wishes to retract so that the customer service can attribute him a return approval number.

     

    ATTENTION: No retraction will be accepted if the product returned cannot be re-sold.

    Consequently:

    - The product must be returned in perfect condition, in its original package, unopened, seal intact, undamaged, unmarked, etc…

    - The product must be accompanied by all its accessories (instructions, cords, remote controls, guarantees, CD, etc.).

    Failing this, the product will be returned to the consumer at his cost.

     

    For his order to be properly processed, the consumer should systematically indicate the order number and his complete address and telephone number.

     

    9.2.2 Special conditions related to the right to retract

    When an online order is sent, followed by a pick-up in the store at 2a, av. de Grande Bretagne Les Arcades du Métropole, MC 98 000 MONACO, the sales contract is finalised in the store and not on the Internet. Therefore, you cannot benefit from the right to retract provided for in the consumer law concerning tele-shopping.

     

    No return will be accepted for:

     

    -       Personalised products

    -       Special orders

    -       Products that can register (consoles, video boards, MP3 walkmans, mobile phones, hard drives, USB flash drives, memory modules) if the request for return is made after the deadline and/or if the cellophane has been removed from the original package, or if the original package has been unsealed, opened, torn, marked and/or if the product has been installed or used.

    -       Products that are on sale or destocked will not be taken back or exchanged; except in case of hidden defects.

     

    9.2.3 Processing the retraction

    After receipt and acceptance of the package by the ATELCOM MONTE-CARLO services, depending on the type of product, the available stocks and according to the customer’s wish, ATELCOM MONTE-CARLO will offer to re-ship an exchange product of equivalent value to the customer.

     

    If this is not the case, a credit note will be made. It will correspond to the total amount of the order minus the postage (for the product, if the order is comprised of only a single product or if all the products included in the order were returned).

    ATELCOM MONTE-CARLO reserves the right to deduct the price of products that have been used, damaged or are missing (for example: writing on the manual, missing travelling disc pack, styluses, smart cards, etc. The list is non-exhaustive). If the customer chooses to be reimbursed and subject to the conformance with the preceding general conditions, a reimbursement of the value of the credit note will be made within 30 days of receipt of the product by ATELCOM MONTE-CARLO.

     

    9.2.4 Cost of the return

    The cost of return in case of retraction remains the responsibility of the customer.

     

    9.3 Returns due to a problem after unwrapping

     

    9.3.1 Procedure for problems after unwrapping

    The customer must give notice before 11am of the following workday as of receipt of the product which breaks down when it is put in operation. When requesting a return, it is essential that the customer describe in detail the problem encountered with the product. Certain manufacturers address problems that occur after unwrapping, directly with the consumer. In such cases, the details and procedures required to contact the manufacturer will be sent to the customer by our services and are posted on the Website, www.atelcom.mc. The customer must then make his request directly to the manufacturer who, after noting the problem, will make a standard exchange of his product. For the other brands, the ATELCOM MONTE-CARLO customer service reserves the right to deduct the price of products that have been used, damaged or are missing (for example: writing on the manual, missing travelling disc pack, styluses, smart cards, etc. The list is non-exhaustive) and will generate a return approval number. The product must be returned by the customer in its original package even if it has been opened. It must be accompanied by all its accessories (instructions, cords, remote controls, warranties, etc.). In order to have his order properly processed, the consumer should systematically indicate the order number and his complete address and phone number, as well as his return number.

     

    ATTENTION: Only products with a problem after unwrapping that is confirmed by the manufacturer will be accepted. If this is not the case, the product could be returned to the customer at his cost or the reason for the return appropriately changed.

    9.3.2 Exclusions

    1.     Products without a proven problem after unwrapping, confirmed after diagnosis of the problem by our services or by an expert at the approved technical centre.

    2.     A problem that can be attributed to improper use of the product

    3.     Products that are opened or dismantled

    4.     Damages, problems, failures or defects that can be attributed to external causes

    5.     Adjustments that can be made by the beneficiary without dismantling the appliance, such as picture, sound and contrast adjustments

    6.     Repairs and damages to the appliance after repairs carried out by any other person besides an engineer approved by the manufacturer.

    7.     Damages due to corrosion, oxidation, improper connection or a power supply problem

    8.     Damages due to a power supply problem: power supply problems are not internal to the product, but are rather due to an external cause. For example; connection to a defective outlet.

     

    9.3.3 Processing returns due to a problem after unwrapping

    For manufacturers who handle problems after unwrapping, the customer must make his request directly to the manufacturer who, depending on the circumstances, after noting the problem, will repair or make a standard exchange of the product. For the other brands, after receipt and acceptance of the package by the ATELCOM MONTE-CARLO services, depending on the type of product, the available stocks and according to the customer’s wish, ATELCOM MONTE-CARLO will offer to re-ship the product or an exchange product of equivalent value to the customer.

     

    If this is not the case, a credit note will be made. It will correspond to the total amount of the order (product(s) + the postage if the order was comprised only of a single product with a problem after unwrapping).

     

    If the customer chooses to be reimbursed, and subject to conformance with the preceding general conditions, a reimbursement of the value of the products according to the purchase invoice (product(s) + the postage if the order was comprised only of a single product with a problem after unwrapping), will be made within 30 days of receipt of the product by ATELCOM MONTE-CARLO.

     

    9.4 Returns due to a reference error

     

    9.4.1 Procedures for returning NON-PERSONALISED products ONLY 

    The customer has 15 days in which to notify ATELCOM MONTE-CARLO that the non-personalised product he received is not the product he ordered: accounting, reference, size, colour, or feature error, or the product is completely different, etc, so that the ATELCOM MONTE-CARLO customer service can attribute him a return approval number. The product must be returned in good condition in its original package even if it has been opened, with all of its contents (accessories, cords, instructions, CD, etc.). 

    For his order to be properly processed, the consumer should systematically indicate the order number and his complete address and phone number, as well as his return number

     

    9.4.2 Processing the return 

    After receipt and acceptance of the package by the ATELCOM MONTE-CARLO services, depending on the type of product, the available stocks and according to the customer’s wish, ATELCOM MONTE-CARLO will offer to re-ship the product initially ordered or an exchange product with equivalent features, after validation. If this is not the case, a credit note will be made. It will correspond to the total amount of the order (product(s) + the postage if the order was comprised only of a single product). ATELCOM MONTE-CARLO reserves the right to deduct the price of products that have been used, damaged or are missing (for example: writing on the manual, missing adapter provided for articles with a power supply that is not in the European format, travelling disc pack, styluses, smart cards, etc. The list is non-exhaustive). If the customer chooses to be reimbursed, and subject to the conformance with the preceding conditions, a reimbursement of the value of the credit note will be made within 30 days of receipt of the product by ATELCOM MONTE-CARLO.

     

    10.0 Confidentiality of information and respect of privacy

     

    10.1 When you make an order, confidential information is retrieved by ATELCOM MONTE CARLO. This information is the property of Atelcom Monte-Carlo and will not be revealed to any third party.

    10.2 We send newsletters by electronic mail; if you would like to cancel your subscription, simply send us an e-mail at info@atelcom.mc. We will not use your e-mail address for any advertising purposes except for ATELCOM MONTE CARLO.

    10.3 We hope to offer service of superior quality at the best possible price, and in order to do so we reserve the right to adapt our procedures at any moment.

    10.4 All the information will be collected legally and in conformance with the Data Protection Act of January 6, 1978.

     

    10.5 In conformance with the Data Protection Act of January 6, 1978, we would like to specify that data concerning you are used by our internal services according to Simplified Standard N°48 (NS-048 Management of customer and prospective customer files - statement n° 1349693) and that you have the right to access and rectify your personal data. We require identity papers. The information will be provided within 30 days of the request.

    10.6 If you have questions concerning the confidentiality of information please contact us at info@atelcom.mc

     

    11.0 Security

     

    11.1 The order page is protected by a 1,024 bit certificate.

    11.2 If you have questions concerning the security of the ATELCOM MONTE CARLO website, please contact us at atelcom@atelcom.mc

    11.3 We will take all necessary precautions to secure the details of your order and your payment, except in case of negligence on your part, and we cannot be held responsible for any losses due to non-authorised access to information with which you have provided us.

     

    12.0 Liability

    ATELCOM MONTE-CARLO is released from its obligation to deliver in case of circumstances beyond our control.

    ATELCOM MONTE-CARLO recommends that the customer ensures that he does not leave any data in the product and notably, pictures, videos, music, etc., before returning it to the return service or customer service. ATELCOM MONTE-CARLO cannot be held responsible in case of loss of this data.

    ATELCOM MONTE-CARLO accepts no liability related to misappropriate or improper use of products that the customer has ordered.

    The products marketed by ATELCOM MONTE-CARLO in general benefit from a contractual warranty ensured exclusively by the manufacturer, for which the terms and conditions are included in the warranty booklet that accompanies the product and/or in the manufacturer’s general terms of sale, except for personalised products which are guaranteed by ATELCOM MONTE-CARLO.

    If the customer is a professional or if the merchandise is used partially or completely for professional purposes, ATELCOM MONTE-CARLO cannot be directly or indirectly held responsible for any consequences related to the use of these products in the framework of the customer’s business, for any reason whatsoever. ATELCOM MONTE-CARLO’s responsibility is in any case, limited to the price paid for the merchandise bought.

    The total or partial impossibility of using the products, notably for reasons of incompatibility of the hardware or software cannot under any circumstances lead to compensation or reimbursement or the implication of ATELCOM MONTE-CARLO’s responsibility.

    Websites directly or indirectly linked to the ATELCOM MONTE-CARLO Website (www.atelcom.mc) are not controlled by ATELCOM MONTE-CARLO. Subsequently, the company assumes no responsibility concerning information published on these websites. Links with third party websites are only provided for convenience and imply no guarantee concerning their content.


     
         

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