Terms of sale

GENERAL TERMS OF USE AND GENERAL TERMS OF SALE

Preamble

The company CHARLET SAM (hereinafter referred to as "CHARLET") is the owner and operator of the MARIO BERTULLI brand (hereinafter referred to as the "Brand"). Products bearing the MARIO BERTULLI brand are exclusively sold online on the website www.mariobertulli.com (hereinafter referred to as the "Site").

These General Terms of Sale apply to any person visiting or making a purchase on the Site (hereinafter referred to as the "User"). Every User must read these General Terms of Sale before validating their order. As these General Terms of Sale may be subject to modifications, the applicable conditions are those in effect on the Site at the time of placing your order.

 TITLE 1: Access to the Site

The Site is freely accessible to any User who wishes to explore the products sold by CHARLET.

Simply browsing the Site does not require registration or opening an account.

The Site uses cookies; this usage is described in our privacy policy accessible here [insert hyperlink to the Cookie page].

CHARLET and its service provider endeavor, to the extent possible, to keep the Site's services accessible 7 days a week, 24 hours a day. However, access may be interrupted at any time, particularly for maintenance and Site upgrades, or for any other technical reasons.

CHARLET is in no way liable for such interruptions and the consequences that may arise for the User or any third party. CHARLET does not provide any personal assistance or "hotline" support.

Please note that CHARLET may terminate its services or modify their characteristics, including for technical reasons, at any time and without prior notice.

CHAPTER 2: Intellectual Property

2.1 CHARLET is the owner and operator of the Brand and the Site, including its name, design, and content. This includes, but is not limited to, documentation, images, logos, fonts, design, music, software, codes, and script formats. The content of the Site is protected by copyright. Reproduction, modification, transmission, publication, for any purpose, by any means, and on any media, is strictly prohibited without prior written permission from CHARLET, and may result in legal action.

2.2 The product names, trademarks, logos, graphics, photographs, animations, videos, and texts published on the Site are the exclusive property of CHARLET and, where applicable, its business partners, and may not be reproduced, used, or represented without the express permission of CHARLET or its partners, and may result in legal action.

2.3 The rights to use the Site granted to the User are reserved for strictly private and personal use within the scope of browsing the Site.

CHAPTER 3: Internet Network Security

3.1 Warning to Users

Every User uses the Site and the Internet network as a whole at their sole responsibility.

3.2 General Warning

For the operation of the Site, CHARLET complies with the current technical security standards for protecting the Site against viruses, hackers, worms, and other known cyber attacks.

The Site is subject to a security system. CHARLET has implemented SSL encryption, as well as enhanced scrambling and encryption processes to protect personal data and online payment methods as effectively as possible.

However, CHARLET disclaims all liability for any potential issues and damages that may occur in the event that the Site is attacked by a virus or any other external intervention or malicious software.

The User acknowledges being expressly informed of the risks associated with the technical specifics of the Internet network.

3.3 Warning regarding links to third-party websites

The Site may contain hyperlinks to websites managed by third parties. Despite the diligence exercised in the selection of advertisers, CHARLET cannot maintain constant control over these websites or assume any responsibility for their content. The User is informed that the fact that these websites are published on the Site does not in any way engage CHARLET's responsibility regarding the User's navigation on these websites and its consequences. Therefore, CHARLET does not provide any guarantee regarding:

- The accuracy, timeliness, quality, completeness, and comprehensiveness of the content of indexed websites

- The relevance and comprehensiveness of the indexed websites

- The difficulties of access and operation of these websites

Consequently, CHARLET cannot be held responsible in the event of a dispute arising between an indexed website on the Site and the User. The operators of the referenced websites are solely responsible for complying with all regulations applicable to the products or services offered to users, including laws and regulations regarding:

- Distance selling

- Consumer protection

- Misleading or deceptive advertising

- Pricing

- Product and service conformity

- Specific regulations for the considered products and services.

CHAPTER 4: Netiquette (Network Ethics)

The User acknowledges that CHARLET aims to promote fair and socially acceptable practices on the Internet network. Therefore, the User agrees not to use the Site for illegal purposes, and in particular, not to disseminate any message or information, regardless of its form or nature, that is:

- Contrary to public order or good morals,

- Contrary to respect for privacy,

- Defamatory, racist, xenophobic, revisionist, or that harms the honor or reputation of others,

- Inciting discrimination or hatred,

- Threatening to an individual or a group of individuals,

- Pornographic or pedophilic in nature,

- Inciting the commission of a crime, an offense, or an act of terrorism, or glorifying war crimes or crimes against humanity,

- Inciting suicide,

- Violating legislation on the secrecy of correspondence,

- Generally contrary to any applicable regulations or laws.

CHAPTER 5: Access Restriction

CHARLET reserves the right to unilaterally and without prior notice refuse access to all or part of the Site to any User, especially in the event of a clear violation of these terms and conditions.

Title 2: General Terms and Conditions of Sale

CHAPTER 1: Order and Sale

Every order requires the User to register on the Site. No order can be fulfilled without registration. The collection and processing of personal information provided by the User during registration are detailed in the Privacy Policy.

Each product presented on the Site has an information sheet accessible by clicking on the product photo. This sheet provides the essential characteristics of the product: its designation, technical description, photo, price, available sizes, and colors. These indications are provided to inform the User to the best of their knowledge and are not exhaustive. The product photographs shown are not contractual.

The offers of products and prices offered by CHARLET are valid as long as they are visible on the Site, within the limits of available stock. CHARLET reserves the right to change the products offered on the Site at any time and without prior notice.

By browsing the Site, the User selects the product they wish to order from the products available for sale by clicking the "add to cart" button. The User also selects the color, quantity, and size of the product added to the cart.

Once this operation is completed, the User can continue shopping or finalize their order. The contents of the cart will be displayed, showing the list of products, the total amount of the order, and the accepted payment methods.

After reviewing the order status in the cart, the User then proceeds to choose the delivery method and payment method. The User is then prompted to agree to these General Terms and Conditions by checking the designated box.

The data recorded by CHARLET constitutes proof of all transactions between the User and CHARLET.

Once the order is confirmed and the payment is validated, a summary of the order is displayed, including the order number.

An order confirmation email is sent to the email address provided by the User, containing the following information:

The email confirmation of the order includes the following information:

    CHARLET's contact details

    Order reference

    Summary of the order and essential characteristics of the products

    Estimated delivery times, fees (and possible restrictions)

    Total amount of the order including all taxes (unless delivery is outside the European nion)

If, despite CHARLET's vigilance, and due to technical issues beyond CHARLET's control, the items should become unavailable after the User's order, CHARLET will send an email notification as soon as possible. The User will then have the option to cancel their order according to the procedures indicated in Chapter 7 of Title 2.

The sale of CHARLET products is concluded upon receipt of payment by CHARLET.

The products sold remain the property of CHARLET until they are shipped and handed over to the carrier.

Chapter 2: Account Creation - Username - Password

To create an account on the Site, the User must create a password and fill out a personal data collection form by providing the required fields marked with an asterisk, including their Last Name, First Name, Email Address, Billing Postal Address, Delivery Postal Address (address where the delivery can be made), and phone number.

Each User who creates an account (personal space) on the Site is provided with a username and a personal password. The password used by the User to identify themselves and access the services must always remain confidential. The User is solely responsible for the use of their password. The User agrees to keep their password confidential and not to disclose it in any form.

The creation of the account implies the User's acknowledgment and acceptance of the Privacy Policy and these general terms and conditions.

Chapter 3: Prices and Taxes

The prices displayed on the Site are indicated in Euros, including all taxes (VAT). The VAT rate applied is the rate in force in Monaco at the time of the order.

Any order placed on the Site and delivered outside the territory of the European Union may be subject to possible taxes and customs duties imposed when the package reaches its destination.

These customs duties and taxes are the responsibility of the User and are their sole responsibility. CHARLET is not obligated to verify and inform the User about applicable customs duties and taxes. Users residing outside the territory of the European Union are advised to inquire about import amounts in advance.

Chapter 4: Deliveries

4.1 Delivery Methods

Once the order is confirmed by CHARLET, the package is handed over to the carrier. An email is sent to the User as soon as the carrier takes charge of the package, providing the tracking number.

The transfer of risks occurs upon delivery to the address indicated by the User. The recipient must check the condition of the products upon their arrival and, if necessary, take recourse against the carrier.

In the event of missing, lost, or damaged items, the recipient User must make any necessary claims directly to the responsible carrier upon delivery of the products:

• Immediately and accurately describe the nature and extent of the damage on the delivery receipt.
• Confirm the protest to the carrier, no later than three days following the receipt of the transported items, through a motivated letter sent by registered mail.

Both of these conditions are inseparable and mandatory for the carrier's liability to be invoked.

4.2 Delivery Time

Any order placed before 12:00 PM and paid by credit card or PayPal will be processed and shipped on the same day (subject to product availability in stock). Any order received after 12:00 PM on Friday or the day before a public holiday in Monaco will be processed on the next business day.

Customers have the option to choose between two types of delivery:

- Local carrier for Europe only (more economical but longer transit time for your package), or

- Chronopost (express delivery but slightly higher cost).

The local carrier delivers our packages to all European countries by selecting the best rates and the most efficient postal operators. In order to offer competitive rates (or provide free delivery depending on your delivery location), the transit time for your package will be longer than if you had chosen the Chronopost delivery option.

For delivery within Europe, the order will be delivered within a maximum of 30 days from the date of the email confirming handover to the carrier. Beyond this period, the carrier assumes responsibility.

Delivery times outside the European Union territory depend, in particular, on the processing times of local customs handling the flow of goods.

At the time of ordering, customers are encouraged to carefully check the delivery address and the billing address if different. It is strongly recommended to provide a valid phone number so that the carrier can easily contact the recipient if needed.

Neither CHARLET company nor the carrier can be held responsible for a delivery delay if the phone number or address is incorrectly provided.

4.3 Delivery Rates:

"Delivery is free for orders of €100 or more (including taxes) and for the countries indicated in the table below.

The delivery rates depend on the destination zone of the packages and the order amount:

Delivery Costs and Coverage Areas

Chapter 4.4 - Shipping Guarantee

The shipping guarantee ensures the protection of your package during transit. In case of loss, theft, or damage to the package, we will immediately resend your order at no additional cost. Enrollment in the shipping guarantee is optional. To benefit from it, the customer expresses their enrollment by checking the option during the order finalization process, at the carrier selection stage.

Chapter 5: Payments

The customer can proceed with the payment of their order by credit card, PayPal, check, or bank transfer.

• Credit Card (Visa, MasterCard, Amex)
• Bank Transfer
• Check (only for France, Monaco and Belgium). The payment by check should be sent as soon as possible. The order will only be processed after the check is cashed, made payable to: CHARLET - Mario BERTULLI.
• • PAYPAL: the security of all international payments.

Important

No order will be processed until payment is received and validated by CHARLET SAM's bank. It is specified that payment by credit card (secure - SSL) guarantees a much faster delivery and avoids any misunderstandings.

CHARLET is highly vigilant about the security of payments made online, especially by credit card.

The customer who chooses payment by credit card agrees to provide their VISA, MasterCard, or American Express card details (card number, expiration date, and cardholder's name, excluding the CVV code). Once the customer confirms the information, their bank will send them a code to enter on the payment validation page of the website via their mobile phone.

Customers who do not have the enhanced authentication services offered by their bank will not be able to make the payment online, and the transaction will be declined.

This security system has been mandated for payment service providers and banks within the European Union by the Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market, known as "PSD2," to protect consumers and merchants against fraud.

Customers who encounter difficulties with online payment by credit card can contact CHARLET's sales department at (+377).92.05.59.05 to make the payment over the phone using a POS terminal.

Chapter 6: Right of Withdrawal - Return Policy

The activities of CHARLET (sale of goods or services online) are governed by the provisions of Law No. 1.383 of 02/08/2011. It is specified that the aforementioned Law No. 1.383 defines the consumer as "any natural person who, in contracts covered by this law, acts for purposes that are not within the scope of their professional activity."

Any customer who qualifies as a consumer has the right of withdrawal within a period of thirty (30) days following the receipt of the ordered products, without having to justify a reason.

In this case, the sale is simply canceled, and CHARLET will proceed with the refund of the price and shipping costs upon receipt of the products, provided that:

The products are returned in their original packaging and in strictly new condition.

Furthermore, the customer has the right to return the ordered products within 30 days following the receipt for the following reasons:

• The shoes do not meet their expectations.
• The shoes have a manufacturing defect.
• The chosen size is incorrect.

In this case, the customer can request either:

• an exchange (size, color, or model) subject to available stock,
• a credit voucher added to their personal account on the website for a future order, or
• a refund (processed within 15 days after the receipt and verification of the shoes' satisfactory condition).

For any returns, the customer must register their return request in their customer account. Following this, a printable return label will be provided in their account. The customer should include this printable return label in the package when returning the products.

To ensure prompt processing of the request, it is important to accurately fill out the return form and include it with the product. All returns should be sent to the following address:

Charlet Company, care of

COTE D’AZUR ROUTAGE SARL

1ère Avenue 5191M - ZI de Carros

BP 631

06517 Carros Cedex 1
FRANCE

Chapter 7: Warranties and Liabilities

The customer benefits from the provisions of the legal warranty for hidden defects in accordance with Articles 1483 and following of the Monegasque Civil Code.

CHARLET guarantees the quality of its products and is committed to complying with the standards imposed in the profession. However, if upon receipt of the products purchased on the website, an non-apparent defect prevents their use by the customer, CHARLET undertakes to refund or exchange the product (subject to available stock).

The action resulting from hidden defects must be brought by the customer within a period of six months from the discovery of the defect.

CHARLET disclaims any responsibility in the event that the delivered product does not comply with the legislation of the country of delivery other than France and Monaco.

Furthermore, in case of non-substantial differences between the presentation photos of the items on our website, texts, and illustrations, and the ordered items, our liability will not be engaged.

Chapter 8: Miscellaneous Provisions

8.1 Applicable Law and Jurisdiction

These general terms and conditions are subject to Monegasque law.

In the event of a dispute, only the Monegasque courts shall have jurisdiction.

8.2 Protection of Personal Data

CHARLET is committed to protecting personal data. All personal data concerning the customer is collected and processed with the utmost confidentiality, in accordance with the provisions of CHARLET's personal data protection policy. This policy is available for consultation at any time on the website.

8.3 Modifications to these Terms and Conditions

CHARLET reserves the right to modify the terms and conditions. This document is subject to Monegasque law.