Terms and Conditions: Overview

This website is operated by Monoecus s.a.r.l., a company based in the Principality of Monaco. Throughout the site, the terms “we”, “us” and “our” refer to Monoecus s.a.r.l..

Monoecus s.a.r.l. offers this website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. This website, also referred to as the “site”, includes all information, tools and services available from this website or through electronic communication originating from the website.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions”), including those additional terms and conditions and policies referenced herein and/or available, from time to time, by hyperlink or by other electronic communication means. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers or merchants. These Terms and Conditional also apply to any visitor, monitor, data gatherer, data collector, reviewer, content provider or content contributor to the website acting in a private or professional capacity or otherwise.

Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, then you may not access the website or use any services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to, and bound by, these Terms and Conditions.

Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

General Terms And Conditions: Website and its Use

By agreeing to these Terms and Conditions, you represent that you are at least 18 years old and have reached the age of majority in your place of residence.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copiright laws).

You must not transmit any worms or electronic viruses or any code of a destructive nature or otherwise interfere with the site and its users, or install any software or program of any nature on the site or its users devices.

Any breach or violation of any of the Terms will result in an immediate termination of your Services.

We reserve the right to refuse service to anyone for any reason at any time.

You understand that any content you transfer online and via our website or email (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks (generally open and not controlled by us); and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or commercially exploit any portion of the website or the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

Accuracy, Completeness And Timeliness Of Information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Modifications To The Service And Prices

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. An example of such third-party tools may be a payment processing interface, or a payment processor we use or we forward you to in order to settle a purchase you make from us. You may elect to pay by different means but if you accept the provision of third party payment services you need to be aware the third party payment provider will access your data and financial information and will become responsible for securely storing and processing certain order and financial data including your credit card information.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.

Third-Party Links

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

User Comments, Feedback And Other Submissions

If, at our request, you send certain specific submissions (for example: comments, feeback or contest entries), or, unsolicited by us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or derogatory or violates any party’s intellectual property or these Terms and Conditions.

You agree and warrant that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Personal Information

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

Errors, Inaccuracies And Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Prohibited Uses

In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Disclaimer Of Warranties and General Limitation Of Liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Monoecus s.a.r.l., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

 

 

Terms of Sale: Overview

The section of our Terms and Conditions governing the contractual relationship between you and Monoecus in relation with any purchase offer or purchase made on or through the site are laid out hereafter and complement any additional documentation appearing on our website (such as our Privacy Policy). At the time of purchase you will be asked to review our Terms and Conditions and consent to them in order for the purchase to be processed. As such, you will be contractually bound by our Terms and Conditions with reference to any purchase you make from us as we request you underwrite our Terms and Conditions in order to enter in any and all transaction with us. The Terms and Conditions may change without prior notice and you are responsible to review the latest version available at the time of your purchase (do not rely on your recollection of a version reviewed during a previous purchase).

Terms of Sale: Offer

Successful completion of a purchase procedure on our site is to be considered an offer you make to Monoecus to purchase one or more products. As such, Monoecus, may accept or reject any offer and do so at its sole and full discretion and a purchase is not to be considered final until a confirmation has been transmitted by us, usually via email.

We publish images and descriptions of our products on our site in order to solicit offers, however you should be aware that such images and descriptions may not be accurate or out of date by the time we receive your offer and are to be considered broad and approximate only. We deal in limited production items and product availability may vary rapidly and for reasons outside of our control. As such, the images and description for the products on our website may be from a similar but not identical broader production version. If you require absolute certainty about the characteristics of a products you should request additional information and images from us.

Terms of Sale: Taxes, Fees and Other Costs

With the exception of Value Added Tax, which we collect on purchases when applicable, you are responsible for any and all additional taxes, fees, charges, customs levies, duties (hereafter “duties and customs levies”)  as well as all postal and/or transport costs (hereafter “shipping costs”), related to, or arising from, importing and delivering any products you purchase from us to your delivery address. While we endeavor to estimate and set shipping costs at the time of purchase, and charge you accordingly, we cannot be held responsible should these shipping costs increase, or new ones come to be, due to causes beyond our control such as recipient unavailability or delayed availability, delivery address errors, customs and excise delays and complications, etc. As such, you agree to fully bear any additional shipping costs which may arise due to the foregoing or otherwise. Similarly, you agree you will remain solely responsible for any and all duties and custom levies, from which you fully indemnify us.

Terms of Sale: Verification and Fraud Prevention, Order Refusal

You authorize us to perform a verification of purchase legitimacy and plausibility in the 72 hours following any purchase on our site and this may include contacting the credit card bank or the financial provider for the credit card or payment method relevant to such purchase. If such verifications fails in any way to to be satisfactory to our internal standards or otherwise fails to pass, at our sole discretion, our strict anti-fraud standards you accept we may refuse the purchase and return the amount paid for such purchase.

At no time shall we ask you to send us bank, financial or credit card details via email and you should regard and report any such request to do so as fraud.

Terms of Sale: Shipping

Upon accepting your purchase offer Monoecus undertakes to ship the products you purchased as soon as possible after completion of the Transaction, however a delay of several days is possible particularly for products that exists in limited quantities and/or are warehoused in a particular or remote facility. As such, we should not be considered a venue suitable for urgent purchases.

Upon receiving a package from us you are responsible for immediately verifying that the packaging and its contents are intact and have not been damaged nor appear soiled, wet, tampered with or in any way broken or mishandled as any of such conditions would indicated the package has been damaged during its delivery (herafter a “damaged delivery”). In case of a damaged delivery you are agree to be responsible for:

• taking detailed pictures of the box and of the Products for forwarding to us and the delivery agent;
• notify the delivery agent that you are accepting the package with reserve rights and informing us of the same.

Following a damaged delivery we will open an investigation will be opened with the delivery agent and a reply will be sent to you within seven business days.

You further agree that, should you not notify the delivery agent, in writing, that you have accepted the package with reserve of your rights the delivery shall be considered successfully and satisfactorily accepted by you and no dispute or claim on the packaging shall be validly brought forward by you thereafter or otherwise, not shall be accepted by us.

Terms of Sale: Cancellation and Returns

You may cancel an order to purchase our products (the “order”) at any time. however if an order has been accepted by Monoecus and has been processed it may be too late for us to cancel the order. In such case you may have to return the products in the order when you receive them.

You have up to 14 calendar days to return unused, unaltered products (hereafter “return”) you have purchased from us but we shall not accept returns reaching us past this term or products showing any evidence of use, however slight or minor such evidence shall be.

Upon receipt of your request we will furnish you with a return authorization number and address, and a return form but you are not obliged to use the return authorization form. You need our return address in order to validly process a return as specific products needs to be returned to specific addresses and you must obtain such addresses from us. A return to an address not speficified by us in writing is not a valid return and may be refused, even if you have obtained that address on our website or otherwise.

If any of the products in a return or any of the accessories, packaging elements, bags, labels and stickers originally accompanying such products when they were first shipped to you are not in their original, new and resaleable condition and positioned as originally we may reduce your refund for an amount commensurate with refurbishing costs or may deny your refund altogether.

You undertake to ensure all products in a return are in their original, new condition have not be used, include all accessories and packaging elements they were sent you with and are not damaged or in any way blemished, worn or soiled. You further must ensure you try any shoe you may need to on a carpeted surface in such a way no sign of wear may appear on the soles or otherwise, until you are sure such shoes are not to be part of a return. Additionally, you will need to include the original purchase receipt and the return authorization number with the return.

You shall bear all the costs related to packaging and shipping a return to us and you may use the courier of your choice, entirely under your responsibility. You should ensure you have a means to track and insure the shipment of any return as we accept no responsibility for loss or damage of any return you ship and we will not issue a refund for any return which has not been delivered to us undamaged and in its original state. We may deduce a 30 euros handling fee on each product in a return. Any credit related to a return shall then be issued in the same form as the original payment.

Should your return be shipped from outside the European Economic Area you need to ensure we are not charged customer duties or tariffs by performing the all necessary customs and excise procedures applicable to products of European origin being returned to a European Economic Area vendor, and you shall do so according to the best available tariff and duty exemption practice available under applicable customs and excise law. You agree we shall have the right to refuse any return accompanied by a customs duty or tax liable to us or payable by us. You agree to bear any and all costs, levies, duties taxes, tariff and fees related to, or otherwise arising from, any return.

Terms of Sale: Product Defects

We do not recognize a claim for product defects coming to us later than 5 days from the date of delivery of said product. You must email us before 5 days from delivery of the product providing photographic evidence of the defects you claim for any product, requesting we perform an investigation. Should we recognize the defect you have claimed we will endeavor to recover the product for physical inspection but such recovery entails you to ship the concerned product back to us using our shipping agent according to our instructions. If you believe you may be unable to ship the product back to us you as such you should not undertake any purchases on our website as we will not be able to issue a refund or replacement for any defective product unless we received the product for which you made a defect claim.

All the provisions and obligations applicable to you with reference to returns, also as laid out above in this Cancellation and Returns section, apply to any claim you make for product defects, notably we must recover all accessories, packaging materials and accoutrements you have received with the product in order to process your defect claim and we may reject your claim if any of the foregoing is missing or if the product appears to have been worn or used in a manner not commensurate with what strictly involved with with the discovery the defect or pursuant a discovery of the defect following a best practice initial inspection of the product. We shall also refuse any product defect claim for misused (please read further below for certain examples of misuse) or abused products.

Terms of Sale: Product Limitations and Misuse

High heel shoes and high fashion dress shoes, like all the shoe products we offer, are to be considered “extreme-shoes”, i.e. items prioritizing fashion and looks over practical utility and functionality. You should be aware extreme-shoes are inherently compromised in terms of usability, stability and structural strength. In the same way you may trip over a long-train evening-gown should you use it with no regard to the limitations and compromises it imposes compared to more practical clothing, you may be exceed the limitations of our shoes and even endanger yourself if you don’t understand, and are mindful of them.

In general our shoes are meant for an expert user with a deep understanding (rational or instinctive) of high heel shoe balance and structural loads limitations. Shoe balance is severely hampered in high heel shoes, dress shoes and extreme-shoes in general as the center of gravity may be considerably higher than in flat or low heel shoes. As such, even a slight misalignment of the center of gravity and the heel contact point to the ground can easily result in a loss of balance. Training and practice on lower heel shoes is a necessary requirement before you can successfully and safely balance on high heel shoes such as our shoes. The old term “training heels”, used in reference to low heel or “kitty heels”, stems from such long-standing training practices, a step we encourage you not to skip.

Similar limitations exist structurally in our shoes due to the high heel construction. A high heel cannot withstand the force, loads and torque normally applied to a low heel shoe, flat shoe or training shoe. A high heel shoe is designed to best accepts loads distributed along the vertical axis of the heel (an imaginary line intersecting the heel vertically along its length when the shoe is standing straight on the ground). Loads acting laterally on such axis (hereafter “side-loads”) may come to exceed the design limitations of any high heel shoe in general and of our shoes in particular.  Activities such as running, jumping and performing sports obviously exceed the limitation of a high heel shoe, may lead to heel breakage or other failure and should be considered dangerous misuse of our shoes. Misuse may also include striding forcefully and placing strong loads on the heel, which can occur if loads as low as 45 kilos (approx. 95 lbs) are placed on any one shoe at a given time if any side-loads component is present at the time. Side-loads can be further compounded with, or be compounded by, center of gravity misalignment issues such as those mentioned in the paragraph above and may result in dangerous failures and losses of balance. Expert high heel users can instinctively recognize and anticipate dynamics leading to the failures and loss of balance mentioned above and are always mindful to never place all their weight and balance on any one shoe at any given time, so that they may stand on one foot if loss of support happens at the other foot. As such we recommend you consider our shoes as suitable only for light use by expert users, all other uses being expressly unwarranted and forbidden.

Terms of Sale: Limitation of Liability

Our liability is limited to damages resulting from gross negligence or willful misconduct, save we shall be liable for product defects (only to the extent laid out in the Product Defects section above) and only and limited to the monies you paid to originally purchase the defective product.

 

Terms of Sale: Product Availability, Presentation and Imagery

Certain products or services may be available in limited or one-off quantities. All products are subject to return or exchange only according to our Return Policy. Availability of our products may vary during the time you engage in the completion of a purchase on our site, hence items in your shopping basket or otherwise set aside on our website should not be considered reserved and are not to be considered available until a purchase confirmation from Monoecus. Where a product is available in single units, as is often the case with our products, such product may be purchased by another user before you have been able to complete your purchase. Alternatively, the product may get lost or damaged during handling and shipment preparation. Such circumstances may result into us being unable to deliver the product you have ordered and in rare circumstances this may happen even if you appeared to have successfully completed a purchase on the site. In such cases will attempt to notify you, by contacting the e-mail and/or billing address/phone number provided at the time the order was made, and will offer a refund for the amount you paid to us for such product, granted no further compensation may be offered or warranted or otherwise made available to you.

We have made every effort to display the colors and images of our products as accurately as possible, however the technology available to us does not guarantee accurate color reproduction through various digital mediums. Furthermore, multiple tests and experiments have shown color rendition varies considerably from electronic device to electronic device and from color to color. As such, we cannot guarantee that the rendition of our products color on your display will be true, or even close, to the original color. You should also be aware images on our website offer a only approximate rendition of our products, as editorial and studio setups, photographic techniques and optical effects may distort, alter or change the reproduction of images of our products, sometimes considerably. Furthermore, images of our products may, at times, represent pre-production prototypes whereas the actual production may have been tweaked or improved from the prototype. Therefore, we do not suggest you choose any of our products based on the images you see on our website if accurate product and/or color rendition are of critical importance to you. In such case we suggest you email us to request the name of a showroom in your area stocking the product for your in-person review.

We reserve the right, but not the obligation, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant, nor make any representation as to, the quality of any of the products on the site, the quality and accuracy of the products descriptions on the site. We may also be unable to guarantee the quality or accuracy of our Service and/or to amend or raise the standards of our Service to your requests.

Terms of Sale: Your Billing And Account Information and how we may use it to accept or refuse an offer

We reserve the right to refuse and/or cancel any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may be implemented by customer account, by credit card number, and/or by billing and/or shipping address. Should we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You undertake to provide us with current, truthful, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Indemnification

You agree to indemnify, defend and hold harmless Monoecus s.a.r.l.Monoecus s.a.r.l.and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Severability

In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).

Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

Governing Law

These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Principality of Monaco.

Changes To Terms and Conditions

You can review the most current version of the Terms and Conditions at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.

Any of the headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms and Conditions or of this agreement.