1. COMPANY
Monesty (hereinafter referred to as Monesty) is a limited liability company under Luxembourg law, with its registered office at 7, rue Michel Rodange, L-4660 Differdange, Luxembourg (Grand Duchy of Luxembourg), registered with the Luxembourg Trade and Companies Register under number B289079 and with VAT number LU36004540.
2. ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS OF SALE
These general terms and conditions of sale (GTCS) apply to any order for products, including but not limited to any pilates equipment (the Products), placed with Monesty (the Order) by any consumer within the meaning of article I.1, 2° of the Economic Law Code (the Customer).
Any Customer who places an Order for Products with Monesty is deemed to have read and accepted these GTCS upon confirmation of their order, in whatever form. These GTCS prevail over any other document of whatever nature, and in particular over any general terms and conditions of purchase of the Customer, unless otherwise expressly and previously agreed by Monesty in writing. The fact that Monesty does not at any given time invoke any of these GTCS cannot be interpreted as a waiver of its right to invoke all or part of these GTCS.
The Customer and Monesty are defined as the Parties and, individually, as a Party.
3. DEFINITIONS AND INTERPRETATION
Capitalized terms have the meaning attributed to them under these GTCS.
The headings and titles appearing in these GTCS are for convenience only and shall not be taken into account in the interpretation of the provisions of these GTCS.
The original version of the GTCS was written in French. If the GTCS are translated into English, Dutch, German or any other language, the French version shall prevail between the Parties.
A reference to a Clause or an Appendix is a reference to a clause or an appendix of the GTCS and/or appendices that the Parties have mutually and expressly agreed to integrate into these GTCS. In this case, the Appendices form an integral part of the GTCS and any reference to the GTCS includes the Appendices and vice versa.
When using the terms "including", "notably" or "in particular", the Parties do not intend to limit the general scope of the foregoing.
A reference to an entity is a reference to a legal entity with or without legal personality, and also includes all successors and assigns of that entity.
A reference to a person is a reference to an individual or an entity, and also includes all successors and assigns of that person.
The terms "herein", "hereby", "hereunder", "hereto" and terms of similar import refer to the GTCS as a whole and not to any particular Clause, paragraph or other subdivision of the GTCS.
A reference to euro or EUR is a reference to the official currency of Belgium on the date on which the sale is concluded between the Parties, provided however that if that currency is no longer the official currency of Belgium on the date on which an amount becomes due and payable under these GTCS or in connection therewith, the euro or EUR shall be deemed to refer to its equivalent in the official currency of Belgium on that date (unless the recipient Party notifies the other party in writing that it still wishes to be paid in euro, assuming that currency still exists on that date).
To the extent applicable and unless expressly stated otherwise, all amounts communicated by Monesty to the Customer are inclusive of value added tax (VAT).
In case of difficulty of interpretation, the rules provided for in articles 5.64 and 5.65 of the Civil Code apply. Article 5.66 of the Civil Code and 1602 of the former Civil Code are excluded. No Clause of these GTCS can be interpreted against a Party solely because it was drafted by that Party or because it was negotiated in favor of a Party.
Unless expressly stated otherwise, the deadlines provided for in these GTCS are calculated from the day following the day on which the event triggering the deadline occurred. The expiration date is included in the duration. However, if this day does not fall on a working day, the expiration date is postponed to the next working day. A deadline determined in months or years is calculated from a day until the day preceding that day.
4. ORDERS
Offers and/or quotes communicated by Monesty are without commitment and the placement of an order by the Customer will constitute an offer to contract.
No Order will be final and no contract will be formed between the Parties before Monesty communicates to the Customer an express written confirmation of the Order and after payment by the Customer of the Total Price.
5. PRICE, PAYMENT AND REFUNDS
Products are sold at an all-taxes-included price on the website https://pilatesme-france.com (the Base Price).
The Total Price means the Base Price, increased by (i) delivery costs and (ii) all other costs, fees and/or taxes due in order to fulfill and deliver the Order, as communicated by Monesty to the Customer before confirmation of the Order. If applicable, if the Customer requests that delivery be made using an alternative delivery method to that indicated when placing the Order, the Customer will be required to reimburse any additional costs related to this change in delivery method before said change is accepted by Monesty.
Unless otherwise indicated during the Order confirmation, the Total Price must be paid by the Customer to Monesty by bank transfer to the bank account communicated in writing by Monesty during the Order confirmation. All payments must be made in euros. Bank charges related to international transfers are the responsibility of the Customer.
If amounts remain due by the Customer to Monesty, a lump sum compensation equivalent to 10% of the Total Price will be due by the Customer and late payment interest at the legal rate will be due by the Customer on the Total Price, as soon as Monesty sends a formal notice to the Customer. The Order will also be automatically suspended until full payment of any amount due by the Customer to Monesty.
Without prejudice to any legal and/or contractual rights of the Customer, any refund will, if applicable, be decided at Monesty's discretion. Any refund granted will be exceptional and will in no way constitute a right to another refund.
6. DELIVERIES
No Order will be shipped before receipt of the Total Price, in accordance with the stipulations of these GTCS.
The Customer communicates in writing to Monesty the delivery address of the Products when placing the Order. Monesty communicates to the Customer an indicative date on which the Products will be delivered, which will constitute a best-efforts obligation on the part of Monesty. This Clause constitutes a contrary provision within the meaning of article VI.43, §1 of the Economic Law Code and the thirty (30) day period referred to in this article is explicitly excluded by the Parties.
Delivery is made to the address indicated by the Customer at ground floor level (doorstep), without unloading or installation. Transport and insurance costs are borne by the Customer, unless otherwise expressly agreed in writing by Monesty. In the event of impossibility of accessing the agreed location (absence of reserved parking, oversized truck, etc.), Monesty may charge all actual costs made necessary thereby, including all personnel costs.
Without prejudice to any discount granted exceptionally and in writing by Monesty, delivery costs are borne by the Customer. If the actual delivery costs made necessary by the Customer, particularly due to the selection of a specific delivery method, prove to be higher than the estimated delivery costs mentioned in any communication between Monesty and the Customer, the Customer must reimburse the difference to Monesty.
Monesty undertakes to:
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keep the Customer informed of the delivery status, from the Order Date to the shipment to the delivery address communicated by the Customer (the Shipment);
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send a shipping notice including tracking details to the Customer as soon as the Order is Shipped;
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inform the Customer without delay in case of delivery delay and communicate the new delivery date; and
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package the product appropriately. If, at the Customer's request, specific packaging is used, the costs related to this packaging will be due by the Customer to Monesty.
Any order for Products other than personalized Products may be canceled by the Customer until Shipment. The Total Price will be refunded by Monesty to the Customer.
7. TRANSFER OF RISKS – CONFORMITY
Risks are transferred to the Customer when the Customer, or a third party designated by him, takes physical possession of the Products. The Customer must be available when the carrier arrives at the delivery address.
Unless expressly stated otherwise in these GTCS, the Products are sold in a normal condition for goods of the same nature. Monesty gives no guarantee as to the performance, lifespan, use and/or aging of the Products. Monesty is also not responsible for unforeseeable, unusual and/or indirect damages resulting from the execution of the Order, nor for any damage resulting from maintenance not in accordance with Monesty's instructions.
Monesty is responsible for any lack of conformity within the meaning of article 1649ter of the former Civil Code appearing within two (2) years of the delivery of the Order, provided that the Customer has notified this defect in writing to Monesty within two (2) months from the day the Customer discovered this defect. This notification must include a precise description of the defect and/or fault, supported by photographic evidence. Failure to notify within this period amounts to an acceptance of the defect and/or fault by the Customer. In case of defect, the Customer will have the right to demand from Monesty either repair of the good, or its replacement or, if applicable, a reduction in price or the resolution of the Order, in accordance with the conditions provided for in article 1649quinquies of the former Civil Code.
8. PILATES&ME WARRANTY
Notwithstanding Clause 7 above, Monesty grants a specific warranty to the Customer for purchases of Pilates&Me brand products (the Warranty). Under the Warranty, the Customer may, at their discretion, request the repair or replacement of the defective part of Pilates&Me brand Products (the Warranty) for any manufacturing defects affecting the structures (frames, chassis, wooden or aluminum frames) of professional pilates machines appearing within five (5) years from the delivery of the Products concerned, for all Products other than foldable models, and within three (3) years from the delivery of the Products concerned, for foldable models.
Any repair and/or replacement does not extend the duration of the Warranty.
Notwithstanding the foregoing, the Warranty does not cover defects, faults or damages resulting from improper or abnormal use, incorrect assembly, installation and/or maintenance not in accordance with Monesty's instructions, accidents, falls, shocks, fires, water damage, external causes, negligence, lack of maintenance, storage in a humid, outdoor and/or extreme temperature environment, failure to replace springs every two (2) years, unauthorized modifications or repairs and/or normal wear and tear of consumable parts by the Customer.
Any defect covered by the Warranty must be notified by the Customer to Monesty in writing within thirty (30) days of its discovery. This notification must include a precise description of the defect, supported by photographic evidence. Failure to notify within this period amounts to an acceptance of the defect by the Customer.
The Warranty is not cumulative with the warranty of conformity of goods provided for in articles 1649ter and following of the former Civil Code referred to in Clause 7. Any claim by the Customer based on the Warranty and covered by it for any defect constitutes an express and irrevocable waiver by the Customer of any other legal and/or conventional warranty against Monesty for the same defect.
9. LIMITATION OF LIABILITY
Except in the event of gross and/or intentional misconduct on its part, Monesty's liability will, in all cases, be limited to the Base Price.
Beyond the Warranty provided for in article 8 and the conformity defects referred to in article 7 and except in the event of gross and/or intentional misconduct on its part, Monesty's liability can only be invoked by the Customer in the event of proven fault and, only for direct material damages, to the exclusion of any other damage, without Monesty's liability exceeding the amount excluding tax invoiced for the relevant order. In any event and except in the event of gross and/or intentional misconduct on its part, Monesty cannot be held responsible for immaterial and/or indirect damages (including, and without this indication being limitative, moral damages, loss of profit, loss of order, loss of earnings and/or commercial and/or reputational disturbances).
Any claim related to the Order, arising therefrom, and/or related to the negotiation, conclusion and/or execution of the Order, can only be made against the Parties. No person who is not a designated Party will have any liability for (i) obligations or liabilities arising from the Order, in connection therewith or related thereto, or for (ii) any claim based on, relating to or resulting from the Order or its negotiation or signing, and each Party waives and releases from all liability, claims and obligations with respect to any such person.
10. RIGHT OF WITHDRAWAL
The Customer has the right to cancel the Order and return the Product for any reason whatsoever, within the framework of their legal rights (the Right of Withdrawal). Any exercise of the Right of Withdrawal must be the subject of a clear and unambiguous written notification communicated by the Customer to Monesty within thirty (30) days of delivery of the Products or, in the case of an order for several products in the same order, within thirty (30) days following the date on which the Customer, or a person designated by the Customer, took physical possession of the last Product of the Order.
Once the Customer has notified their intention to return the Products to Monesty, they must return the Products with their original invoice, in their original packaging and with the included accessories within thirty (30) days following the aforementioned notification.
Notwithstanding the foregoing, Products meeting the following conditions cannot be subject to the Right of Withdrawal:
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Products whose price depends on fluctuations in the financial market beyond Monesty's control and likely to occur during the withdrawal period;
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Products manufactured according to Customer specifications or clearly personalized;
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Products likely to deteriorate or expire quickly;
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Sealed Products that cannot be returned for health protection or hygiene reasons and that have been unsealed by the Customer after delivery; and
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Products that, after being delivered, and by their nature, are inseparably mixed with other items.
If the Products for which the Customer exercises his Right of Withdrawal have been damaged after delivery, Monesty will deduct the decrease in value of the Products from the refund amount.
Delivery costs for Products for which the Customer exercises his Right of Withdrawal will be borne by Monesty, with the exception of delivery costs related to the Customer's choice of a delivery method other than Monesty's standard delivery method and with the exception of return/reshipment costs, which will be borne by the Customer.
Any refund payable by Monesty will be paid within thirty (30) days from the notification of the exercise of the Right of Withdrawal, provided that this period does not expire before Monesty receives the Products. Failing contrary instructions communicated by the Customer within this period, the refund will be made to the same bank account from which the Total Price was paid.
11. FORCE MAJEURE
Neither Party shall be held liable for any breach of its contractual obligations if such breach results from a case of force majeure. In all cases, the following shall be considered as cases of force majeure, without this list being exhaustive:
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natural disasters, fires, floods, storms, explosions;
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wars, acts of terrorism, riots, civil unrest, acts of vandalism;
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pandemics, epidemics, contagious diseases leading to containment measures, business closures, or transport restrictions;
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total or partial strikes, lockouts, labor disputes affecting Monesty, its subcontractors, or its transport providers;
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major breakdowns or disruptions of transport networks, postal or logistics services, telecommunication or electricity networks;
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decisions or measures by a public authority (import or export bans, administrative closures, embargoes, regulatory restrictions) affecting the manufacture, supply, or delivery of the Products;
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exceptional shortages of raw materials or components essential for the manufacture of the Products; and
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any delay in delivery of the Products due to the producer and/or carrier of the Products and free of any fault on Monesty's part.
In the event of a force majeure event preventing or delaying the performance of all or part of the obligations of one of the Parties, the performance of the concerned obligations shall be suspended for the duration of the force majeure event, without liability or compensation for that Party.
Each Party shall inform the other Party of the occurrence of a force majeure event within a reasonable time from becoming aware of it, indicating, to the extent possible, the nature of the event and its estimated duration. The concerned Party shall make reasonable efforts to limit the consequences of the force majeure event and resume the performance of its obligations as soon as circumstances permit.
12. RETENTION OF TITLE CLAUSE
The delivered Products remain the property of Monesty until the Total Price is paid. The Customer is therefore prohibited from granting any guarantee, pledge or lien on the Products in favor of any third party and undertakes to mention them in its inventories as belonging to Monesty, if applicable.
It is specified that the remittance of bills of exchange or any other title creating an obligation to pay does not constitute payment. In the event of seizure carried out by third parties on these Products, the Customer undertakes to immediately inform the bailiff seized of Monesty's ownership of these Products, as well as Monesty of the seizure, and to implement all measures likely to preserve Monesty's ownership rights over the Products concerned.
13. RETURNS
All returns made in accordance with these GTC, with the exception of any return related to the exercise of the Right of Withdrawal, must be shipped in accordance with the instructions communicated by Monesty, and no later than thirty (30) days after the Customer notifies Monesty of the notifications referred to in Clauses 7 and 8.
All return, delivery and expertise costs shall be borne by Monesty, unless it turns out that Monesty is not responsible for the reasons justifying the return under these GTC, in which case the Customer shall bear said costs.
Any refund payable by Monesty will be paid within thirty (30) days from the final determination of the applicable regime for any defect and/or fault. Failing contrary instructions communicated by the Customer within this period, the refund will be made to the same bank account from which the Total Price was paid.
14. PROTECTION OF PERSONAL DATA
Monesty and the Customer undertake to comply with the legal provisions in force regarding the protection of personal data, and in particular Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data. Monesty collects and processes the Customer's personal data for the purpose of fulfilling the Order, delivering the Products, managing after-sales service and complying with its legal obligations.
The collection methods, legal bases for processing, categories of recipients and retention periods are detailed in Monesty's privacy policy, which can be viewed via this link: https://pilatesme-france.com/policies/privacy-policy.
15. INTELLECTUAL PROPERTY
The Parties expressly agree that the Order does not effect any transfer, assignment or grant of intellectual property rights between them.
Each Party retains full, entire and exclusive ownership of all its intellectual, industrial and commercial property rights, including copyrights, invention patents and supplementary protection certificates, trademarks, trade names, domain names, designs and models, as well as know-how, trade secrets and any other confidential technical or commercial information.
This retention of ownership applies both to the rights held by each Party prior to the Date of the Contract (i.e., at the time of the Order) and to those it developed on its own behalf.
16. NOTIFICATIONS
Unless otherwise stated, all notifications made under these GTC shall be sent by registered letter with acknowledgment of receipt by e-mail, to the electronic address previously communicated by the Customer and, for Monesty, to the address info@pilatesme-france.com.
The date of receipt of the e-mail will be considered as the date on which the notification was made.
17. SUBCONTRACTING
Monesty reserves the right to use subcontracting.
Monesty's representatives and sales delegates are only intermediaries and do not have the authority to validly bind Monesty; they are not authorized to receive payments, unless Monesty provides express prior written authorization.
18. ASSIGNMENT OF CLAIMS
The Customer may not transfer or pledge its rights under any Order without Monesty's prior written consent.
19. MODIFICATION OF THE GTC
Monesty may modify these GTC at any time. The applicable GTC are those in force on the day of the Order.
20. MISCELLANEOUS
If one or more provision(s) of these GTC is (are) deemed illegal, invalid or unenforceable, in whole or in part, under any applicable law, that provision will be deemed not to be part of these GTC, and the legality, validity or enforceability of the remainder of these GTC will not be affected thereby. The Parties will make every effort to replace the invalid or unenforceable provision with a valid and enforceable provision whose effect is as close as possible to the effect intended by the invalid or unenforceable provision.
These GTC (and the documents referred to therein) contain the entire agreement between the Parties concerning its subject matter and supersede any prior agreements, communications, offers, proposals or correspondence, written or oral, exchanged or concluded between the Parties concerning the same subject matter from the Date of the Contract.
21. APPLICABLE LAW - JURISDICTION CLAUSE
Customer orders to Monesty are subject to Belgian law. In the event of any dispute or claim relating to the formation or execution of an order placed by a Customer, only Belgian courts shall have jurisdiction, without prejudice to the applicable provisions protecting the consumer.