Terms and Conditions

These Terms and Conditions of Sale are related to the purchase of the Items (“Items”) crafted and distributed by Montessy Sarl [(a company registered and operating in accordance with Swiss law, registration number CHE-315.320.863, with registered office at 13, rue de la Terrassière, 1207 Geneva, Switzerland (“Montessy” or “Seller”)], under the trademark “Montessy”, registered with the “Institut National de la Propriété Industrielle” in Paris, France. As such, this document constitute integral part of the agreements concluded between the Seller and the customers purchasing the Items on this Website (“Customers”).

Every Customer should read these Terms and Conditions of Sale before placing a purchase order for Montessy Items on the Website (“Order”). Indeed, the purchase of Items on this Website implies the acceptance of these Terms and Conditions of Sale.

Any modification or amendment to these Terms and Conditions of Sale shall immediately become effective after being published on this Website and will regulate all the subsequent sales of Items.

1. Persons allowed to purchase

The purchase of Items on this Website is allowed only for personal use and to individuals having a legal capacity to conclude binding agreements or being granted parental or tutor consent in this respect, excluding therefore any purchase by a business or by an individual for business purpose.

When submitting an Order, Customers shall provide all the personal information required by this Website, including but not limited to their own first name, surname, year of birth, email address, phone number, billing and delivery address etc. All such information shall be true, accurate and up to date.

It is strictly forbidden to make a purchase under someone else’s identity, unless strictly authorized to do so by the identity holder.

Items exhibited on this Website are not intended for resale and any such unauthorized resale shall give rise to appropriate legal action initiated by the Seller.

2. Placement of order

Following the placement of an Order, the Customer will receive a specific email confirming such placement (“Order Confirmation”).

The Order Confirmation aims at notifying the Customers that the Order has been received and provides them with a specific order number (“Order Number”). Should any information contained in the Order Confirmation appear to be inaccurate, the Customer is required to promptly inform the Seller’s customer service (“Customer Service”) by sending an email in this respect to contact@montessy.com.

The Order Confirmation does not mean the acceptance of the Order by the Seller, but only that the latter has received the Order and that he will process it in due time. The acceptance of the Order by the Seller will take place only when the latter sends the purchase confirmation to the Customer by email (“Purchase Confirmation”), which is usually done at the time the purchased Items are dispatched. The transaction should be considered as completed and the Agreement shall be concluded only upon the receipt of the Purchase Confirmation by the Customer.

At any time during the period between the placement of the Order and the Purchase Confirmation, the Seller has the right to refuse such Order at its full and entire discretion. In particular, the Seller shall not be responsible, in any way, should one or more Items for which an Order has been placed become unavailable during this period. It may occur, indeed, that the Website erroneously displays Items that are not available at that time.

In the case of partial unavailability of an Order, Customer Service will contact the Customer to confirm whether the Customer wishes to (i) receive a partial Order or (ii) cancel the Order.

In the case of total unavailability of an Order, the Customer Service will contact the Customer to inform him that the Order will not be processed and will cancel such Order. In such a case, the Customer will not be charged.

3. Payments

The Order may be placed by using major credit cards, through PayPal platform or by wire transfer (“Payment Method”).

The Seller shall charge the purchase price (“Price”) upon sending the Purchase Confirmation to the Customer. However, prior to sending the Purchase Confirmation, security checks may be carried out regarding the Payment Method chosen by the Customer.

When paying via wire transfer, the Customer shall select this Payment Method in the shopping cart. He shall receive an Order Confirmation indicating the details of a bank account to be credited. Once the purchase Price has been credited to the Seller’s bank account, the latter shall send the Purchase Confirmation and will ship the purchased items to the Customer.

Fort the payments by credit cards, the Seller uses a primary gateway operated by Six Switzerland (“Payment Gateway“). As a result, the Seller does not directly manage any financial information relating to the credit card used by the Customer.

The Payment Gateway protects the details of the credit card used, encrypting sensitive information in order to ensure that they are transmitted securely. The Site uses Secure Socket Layer (SSL) technology in order to guarantee a higher level of security for every Order.

In the case of an unlikely event of error, negligence or any wrongdoing in relation to the processing of financial data by the Payment Gateway and/or the intermediary payment systems, the Seller will not be responsible for such error, negligence or wrongdoing.

The Seller reserves the right to refuse an Order should it appear that fraudulent use is being made of the Payment Method. Moreover, the Seller will not be responsible in the event that illegal use is made of a Payment Method by third parties.

4. Shipping and delivery

The Seller dispatches and delivers the Items by using several shippers such as, inter alia, TNT, GLS and Swiss Post.

The purchased Items are usually delivered within 2 (two ) to 5 (five) working days from the Purchase Confirmation sent to the Customer. The Purchase Confirmation is usually sent to the Customer when the Items are dispatched to the courier for delivery.

In some rare cases outside the Seller’s control, delivery may be delayed without however exceeding 30 (thirty) days. The Seller shall not be held responsible for delays in delivery, unless resulting from its gross negligence. Namely, the Seller shall not be liable for delays due to force majeure, strikes, natural disasters, delays related to customs procedures and any other event outside its control.

Customers are encouraged to do everything in their power to facilitate the delivery of the Items, by making themselves available for delivery or by involving third parties.

The courier will make a first attempt to deliver the purchased Items at the address indicated by the Customer. Should this attempt not be successful, the courier will inform the Customer about it and will try to arrange with the Customer a second delivery attempt of the Item.

In the event that the courier is definitively unable to deliver the Item, Customer Service will contact the Customer in order to arrange one last delivery attempt. Should this attempt fail or should the Customer not be reachable by the Customer Service, the Item will be shipped back to the Seller, without any possible refund for the Customer.

At the time of delivery, the Customer must check the conformity of the Items with the Order and the integrity of the external packaging. Should the Customer find anomalies with the Items, for example if some Items are missing or should the external packaging be damaged, the Customer shall conditionally sign the delivery document and contact the Customer Service at contact@montessy.com

5. Price and taxes

The Price for the Items destined to be delivered in the EU and Switzerland includes all duties and taxes. The Customers delivered in these countries do not have to pay any additional taxes or duties. We pay these charges on their behalf. Should the Customers ever receive a demand for payment of such taxes or duties from either our shipper or from any custom authorities, they should contact us immediately as they are not required to pay this.

The Price for the Items to be delivered in any other country (other than the EU and Switzerland) are exclusive of any local duties and taxes. Customers are encouraged to check whether and to what extent local VAT and custom duties may apply in the country of delivery. Such VAT and custom duty, when applicable, may come on top of the Price indicated on the Website. However, please note that the Items are of the EU preferential origin and that, as such, they may benefit from various Free Trade Agreements signed by the EU. As a result, in many cases the Customers only need to pay local VAT on top of the Price, as customs duties are either eliminated or reduced. This is the case with Albania, Algeria, Andorra, Bosnia and Herzegovina, Chile, Egypt, Georgia, Iceland, Israel, Jordan, Kosovo, Lebanon, Former Yugoslav Republic of Macedonia, Mexico, Moldova, Montenegro, Morocco, Norway, Serbia, South Korea, Tunisia and Turkey.

Where duties and taxes are not included in the Price, our shipper will do custom clearance on behalf of the Customers and will pay such taxes and duties. After the delivery, the Customers will receive an invoice from our shipper to refund taxes and duties that the latter has paid for them.

Any changes of the Price will be effective from the moment they appear on the Website, with no retroactive effect on Orders that have already been accepted by means of the Purchase Confirmation.

The Seller may refuse an Order, if it appears that the Price published on the Website or indicated in the Order Confirmation is erroneous, as long as such refusal occurs before the Purchase Confirmation.

6. Defective and non-conforming Items

Subject to the provisions of Section 4 hereof, the Seller assumes entire responsibility for every defective Items.

The Seller further guarantees the Customers that the purchased Items (i) are conform to the description made on the Website and have material characteristics presented to the Customer thereon, (ii) are appropriate for the purpose that goods of the same kind are normally used for, (iii) have the usual qualities and characteristics of goods of the same kind that the Customer can reasonably expect, taking into account the very nature of such goods.

However and for technical reasons, Montessy cannot guarantee that the display of colors on the screen will always be accurate and that the photos of the Items, as displayed on the Website, are strictly conform to the reality.

Marginal differences between the description of the Items on the Website and the actual characteristics of the Items will not be considered as a sign of non-conformity of the Items for the purposes of the present Terms and Conditions of Sale.

In case of a purchase of non-conforming Items, the Customer will be able to request their replacement free of charges. Where such replacement is not possible, the Customer will be entitled, at his choice, (i) to an equivalent reduction in the Price of a future purchase or (ii) to be integrally refunded the Price.

The Customer will notify the Seller about any lack of conformity of the Item immediately after the delivery. The Customer shall Inform the Seller about any hidden defects of the Items within 15 (fifteen) days from the date they are discovered and in any case within 2 (two) months from the delivery. The notification to the Seller is made by sending an email in this respect to the Customer Service at contact@montessy.com.

After receiving the notice from the Customer, the Seller will contact the Customer to arrange the pick-up of the defective or non-conforming Items.

The simple acceptance by the Seller of the Items claimed as being defective or non-conform does not entail a recognition of such defection or non-conformity, as such recognition may possibly occur only after a thorough and detailed verification of the Item by the Seller.

In case of recognition of defection or non-conformity of the Items, the Seller shall contact the Customer to arrange the replacement or refund free of charges for the latter.

7. Exchange and returns

Within 15 (fifteen) days from the delivery, the Customer is entitled to (i) request the replacement of an Item with one of the same nature but of a different color or size or (ii) to return the Item, with no penalty and without having to provide any reason (“Return”).

With this regard, the date of the delivery shall be the date indicated on the tracking system made available by the shipper on its own website.

Where Customer wishes to request the replacement of the Item or to return the latter, Customer must previously notify such intention to the Seller by contacting Customer Service at contact@montessy.com.

In such a case, the Customer is kindly required to refer to the Order Number, as set out in the Order Confirmation. The Customer may, if he wishes so, indicate the reason for the return and any further notes (defects, wrong size etc.).

After receipt of the request, the Seller will issue the return/exchange Item authorization (“RIA“). The RIA shall nevertheless be refused should the conditions for the Return or replacement not be met, e.g. because the 15 (fifteen) days period from the date of the delivery has elapsed.

Upon the issuance of the RIA, the Seller shall communicate to the Customer the shipper’s return tag to be pasted on the packaging of origin and the pro forma invoice for export. This latter pro forma invoice shall be printed in 4 copies and filled out by the Customer for custom clearance purposes. The shipper shall then contact the Customer in order to arrange the pick-up of the Items to be replaced or returned.

The returned Items should be sent back with all labels, safety tags, packaging and accessories (boxes, hangers, garment covers, etc.), as initially received.

The Items, labels, safety tags, packaging and accessories should not show any sign of usage, alteration or have been changed in any way (worn, washed, stretched, etc.) and should be sent back in the same condition in which they were shipped by the Seller in their original Montessy packaging.

The purchase Price will not be reimbursed in relation to (i) the Items that have their security tags removed, (ii) the Items that have been used, are incomplete (in particular where there are missing parts or accessories), ruined, damaged, in a state of deterioration or dirty or (iii) the Items returned without their internal packaging.

The Customer will be considered liable for any diminished value of the Items resulting from any and all handling other than those necessary to establish the nature, characteristics and functioning of the Item.

Once the conditions for return or exchange of the Item have been checked, the Seller will communicate to the Customer its acceptance of the return and will proceed to the replacement of the Item or, in the case of Return, to the refund of the purchase Price.

Provided that the Customer has correctly followed the above described procedure, the delivery costs for the Returns will be borne entirely by the Seller.

The Seller commits to refund the Customer or to replace an Item within 15 (fifteen) days from the acceptance of the returned Items. The refund will be made through the same Payment method used by the Customer when placing the Order.

In the event that the Customer has returned the Items without complying with the above described procedure, the Seller will refuse the claim for replacement or return. In such a case, the Seller will return the Item to the Customer, having previously informed him about it and reserving the right to charge him any related delivery costs.

Customers should dispatch the Items for return from the same country where those Items have been first delivered.

10. Applicable law and place of jurisdiction

These Terms and Conditions of Sale are governed and construed according to the Swiss law.

All disputes arising from or related to the present Terms and Conditions of Sale shall be settled between the Customer and the Seller by means of amicable arrangement. If such arrangement cannot be reached, the dispute will be brought to the competent Court of the Canton of Geneva.

11. Waiver

The Seller’s failure to insist, in one or more instances, on performance by the Customers in strict accordance with these Terms and Conditions of Sale shall not be deemed a waiver or relinquishment of any right granted hereunder or of the future performance of any such term or condition or of any other term or condition of these Terms and Conditions of Sale.

12. Severability

In case any provision hereunder shall be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.