-
I offer a gift card
-
I received a gift card
-
|
GENERAL TERMS AND CONDITIONS OF SALE AND USE |
DEFINITIONS
Capitalised terms, whether used in the singular or plural, have the meanings specified below.
Customer: refers to any natural person with legal capacity within the meaning of Articles 978 et seq of the Monegasque Civil Code, or legal entity, purchasing a Gift Card on the Website or in a Sales Outlet.
Recipient: refers to the person using the Gift Card, on the understanding that the Customer may or may not be the Recipient, subject to compliance with each Establishment’s specific visitor rules, including those regarding the required age.
General Terms and Conditions: refers to these general terms and conditions of sale which lay down the rights and obligations of the Customer and SBM applicable to any purchase or use of a Gift Card.
Establishments: refers to the establishments operated by SBM in the Principality of Monaco and in France which accept the Gift Cards, (including the Hotel de Paris Monte-Carlo, the Café de Paris Monte-Carlo, the Hotel Hermitage Monte-Carlo, the Monte-Carlo Bay Hotel & Resort, the Monte-Carlo Beach, the Thermes Marins Monte-Carlo, etc.), the terms and conditions of acceptance being defined in I.3. hereof.
The Sales Outlets: refers to the places where the Gift Cards are marketed, i.e. namely the giftcard.montecarlosbm.com website, the SBM Boutique in Place du Casino, the drugstore du café de Paris, the Monte-Carlo Casino boutique , the Boutique du Monte-Carlo Bay Hotel & Resort, the Boutique du Monte-Carlo Beach, and secondly: the Thermes Marins Monte-Carlo, the Hôtel de Paris Monte-Carlo, the Hôtel Hermitage Monte-Carlo, the Monte-Carlo Bay Hotel & Resort, the Monte-Carlo Beach, the Buddha Bar Monte-Carlo.
The Gift Card(s): refers to all the cards, as defined in I.2.1, sold by SBM on-line and in the Sales Outlets, enabling the Recipient to benefit from products or services in the Resort Establishments, under the terms and conditions defined herein.
SBM: refers to the Monte-Carlo Société des Bains de Mer group, the headquarters of which is located at Place du Casino – 98000 Monaco, and which operates a Resort in the Principality of Monaco and in France.
The Resort: refers to all of the Establishments operated by SBM in the Principality of Monaco and in France.
The Website: thewww.giftcard.montecarlosbm.com website on which the Gift Cards are marketed.
The Casinos: refers to all of the casinos operated by the SBM group on the territory of Monaco (Le Casino de Monte-Carlo, Casino Café de Paris).
Service Provider: refers to NUMEN MARKETING, a French simplified joint-stock company, registered with the Paris Trade and Companies Register under number B 521 370 536, the headquarters of which is located at 24 rue Marc Seguin, 75018.
PREAMBLE
These General Terms and Conditions, which define the terms and conditions for purchasing Gift Cards on-line and in Sales Outlets, as well as the terms and conditions of their use, are concluded between SBM and the Customer (hereinafter jointly referred to as “the Parties”).
The Parties therefore agree that their relations shall be exclusively governed by these General Terms and Conditions. For this purpose, the Customer accepts them in full and without reservation.
1.1.Availability and enforceability of the General Terms and Conditions
The General Terms and Conditions are available to the Customer and the Recipient of the Gift Card on the Website where they can be viewed directly and they can also be sent to them on request either by e-mail or by post.
As regards on-line purchases, the General Terms and Conditions are enforceable against the Customer who acknowledges that they have read and accepted them by ticking the appropriate box before placing their order.
The Customer will not be able to proceed with their purchase if they do not tick the box mentioned earlier. In any event, the validation of the order by their confirmation signifies the Customer’s adherence to the General Terms and Conditions in force on the day of the order which are retained and reproduced by SBM.
As regards purchases in Sales Outlets, the General Terms and Conditions of Sale are enforceable against the Customer when they acquire a Gift Card, so that the purchase signifies the Client’s adherence to the General Terms and Conditions in force on the day of said purchase which are retained and reproduced by SBM.
As regards the Recipient, the use of the Gift Card implies compliance with the rules of use defined herein.
1.2.Amendment of the General Terms and Conditions
SBM may decide to amend or add to these General Terms and Conditions at any time, at its own discretion. If these are amended, the General Terms and Conditions that apply are those in force on the date of the order, a copy of which with that day’s date can be provided to the consumer at their request.
In the event of contradiction between these General Terms and Conditions and any other document including commercial documents, the General Terms and Conditions shall prevail.
1.3.Entirety
These General Terms and Conditions constitute the entirety of the clauses thereof. If SBM does not invoke any of the clauses herein at a given time, this shall not be interpreted as a waiver of its right to invoke these same clauses at a later date.
1.4.Nullity and disputes
The nullity of a clause shall not entail the nullity of the General Terms and Conditions.
2.1.Types of gift cards on sale
SBM offers several types of Gift Cards which are defined in the following table.
|
Types |
Minimum amount to be credited |
Maximum amount |
Terms of use |
|
Monte-Carlo Gift Cards with a choice of Resort visuals that can be personalized via a library of images, illustrating the products and services delivered by the SBM, which is made available to the Customer and who will make their choice freely. |
€50 |
€2,000 |
Online purchase: upon physical receipt of the Gift Card, it is ready to be used by the Beneficiary (its activation is automatically carried out 48 hours after it is sent)
Sales Outlet purchase: The Gift Card is active and ready to be used by the Recipient upon purchase. |
|
E-Card: Electronic card whose visual is customizable via a library of images, illustrating the products and services delivered by the SBM, which is made available to the Customer who will make his choice freely. |
€50 |
€2,000 |
On-line purchase: the E-Card is active upon its receipt by e-mail and ready to be used by the Recipient. No other steps need to be taken. Not available in the Sales Outlets, on-line purchase only. |
|
The money pot Gift Card: enables several people to make payments to credit a Gift Card. |
€50 |
€2,000 |
On-line purchase: the Customer orders the Group Gift Card on the Website and makes an initial minimum payment of €10. Upon receipt of the Card, the Customer can invite their friends by e-mail to pay an amount of their choice between €10 and €2000. However, the total amount of payments may not exceed €2,000. The Customer decides on the collection period. Once the collection is over, the Group Gift Card is finally loaded with the amount collected and contributions are closed. The Recipient is then able to use it.
Not available in the Sales Outlets, on-line purchase only.
|
Gift Cards, with the exception of the "E-Card", are sold with a gift envelope or gift box, the visuals of which are presented on the Website or in sales shops. The gift envelope is offered by SBM to the customer while the box is invoiced in addition. The gift box is only on sale at the SBM boutique on Place du Casino.
2.2.Customisation of Gift Cards (option available for on-line purchases only)
SBM provides the Customer with the option of adding their own personal touch when ordering either the “E-Gift Card” or the “Carte Cadeau Monte-Carlo ”.
- Gift card with a choice of Resort visuals
The Customer can customise their card via an image library, illustrating the products and services delivered by SBM, made available to the Customer who is free to choose whatever they like.
- Personalised message
The Customer can add a personal message to accompany the Gift Card. The personal message will be written down in the letter accompanying the Gift Card ordered by the Customer, or in the PDF document accompanying the E-Card.
The Customer declares that they are responsible for the content of the personal message they have written and undertakes to ensure that it is neither discriminatory nor defamatory towards SBM, its staff and its activities.
Under no circumstances may SBM be held liable for the content of the personal message written by the Customer for any reason.
3.1.Places where the Gift Cards can be used
The Gift Cards purchased on-line on the Website or in one of the Sales Outlets can only be used in the Establishments, but not for the games in the Casinos, and more specifically:
- Everywhere within the Resort including for overnight stays, restaurants, bars, treatments, sporting activities, souvenir shops, the Thermes Marins boutiques, shows & concerts, etc.
- In the restaurants and bars of the Casinos, but not for the games in the Casinos including the slot machines and gaming tables.
-
The list of the Establishments that accept the Gift Card is in the envelope or on the gift box sold with the Gift Card, and on the website www.giftcard.montecarlosbm.com .
Please note that the Recipient cannot use the Gift Cards for on-line purchases on the SBM website or on any of its Establishments’ websites.
3.2.Period of use and checking the Gift Card balance
Gift Cards purchased on-line are valid for 12 (twelve) months from when they are delivered to the Customer or the Recipient. The Recipient can find out the Gift Card’s expiry date and the remaining balance:
- Via the Website using the serial number on the back of the Gift Card
- By specifically asking for them in a Sales Outlet
- If the Customer is also the Recipient, directly from the Website via their customer account.
Gift Cards purchased at Sales Outlets are valid for 12 (twelve) months from the day they are actually purchased. The Recipient can find out the Gift Card’s expiry date and the remaining balance:
- Via the Website using the serial number on the back of the Gift Card
- By specifically asking for them in a Sales Outlet.
In any event, the Gift Cards can be used all at once or several times, within the limits of the credited amount, and are not personally identifiable.
3.3.Prohibition on resale and exclusivity of SBM sales outlets
With the exception of B2B2C gift cards (gift cards sold or offered to individuals via B2B channels contracted with the SBM), any proposal to purchase gift cards from other people or entities than the SBM is strictly prohibited.
SBM shall refuse any gift cards presented which have come from such third-party persons or entities.
The Customer shall therefore remain liable if they purchase a gift card from a third party since the Customer is informed of the only sales outlets recognised under these General Terms and Conditions, i.e. purchasing from the Website and at the Sales Outlets. SBM therefore accepts no liability in case a Gift Card sold in violation of this prohibition malfunctions for any reason.
3.4.Exclusion of the My Monte-Carlo Programme
The My Monte-Carlo Programme, which gives its members certain benefits, does not apply to Gift Cards purchased either on-line or in the Sales Outlets. Consequently Customers and Recipients who are members of said programme shall not receive either My Points or Loyalty Points. Also, to date, My Points cannot be used by the Customer or the Recipient to purchase Gift Cards.
3.5. Exclusions from the use of gift cards
SBM Gift Cards cannot be used for payment:
- Concierge disbursements
- Tips
- Rents for the Monte-Carlo Société des Bains de Mer residences
- Purchase of Monte-Carlo Société des Bains de Mer gift cards
- Monthly invoices from City Accounts
- Tobacco, stamps, newspapers sold in Monte-Carlo Société des Bains de Mer stores
4.1.Selling price
The selling price of the Gift Cards is determined by the Customer’s decision regarding the amount in euros of the Gift Card, under the conditions and within the limits defined in I.2.1 hereof. The price does not include the delivery and shipping costs mentioned before the order is validated and which will be added on to the price.
4.2.Price changes
SBM reserves the right to change the prices displayed on the Website at any time, whilst guaranteeing that the Customer pays the price in force on the day of the order.
4.3.Additional costs
The additional shipping and delivery costs, customisation costs and other chargeable services (including the gift boxes), which the Customer was able to see prior to the order, are set out on the order form.
The Customer is informed that the Gift Cards cannot be exchanged or refunded.
If the twelve-month validity period of the Gift Cards has expired without them having been used, or if they have been lost or destroyed, the Customer shall not be entitled to seek any refund or compensation from SBM.
The Gift Cards cannot give rise to any total or partial compensation, in any form (including giving change and crediting bank cards or loyalty cards).
6.1. Warranty of peaceful possession
In accordance with current legislation, and in particular with Articles 1468 et seq of the Monegasque Civil Code, SBM is obliged to respect the warranty of peaceful possession breached through its own personal act or omission referred to by said code.
6.2. Warranty against hidden defects
In accordance with current legislation, and in particular with Articles 1483 et seq of the Monegasque Civil Code, SBM is obliged to respect the warranty against hidden defects referred to by said code.
SBM may not be held liable for visible defects.
SBM may not be held liable for the full or partial non-fulfilment of its obligations in the event of force majeure as usually accepted under case law or a fault attributable to the Customer or indeed an action by a third party.
SBM shall make every effort to provide its Customers with previously verified and effective information and tools. However, it cannot be held responsible for errors or the unavailability of information provided by the Customer.
SBM may not be held liable for any variations in designs, photographs or editorial content, provided they have no contractual value.
The trade name, logos, symbols, trademarks and images on the Gift Cards are the exclusive property of SBM and are protected by intellectual property rights.
Any total or partial reproduction or use is strictly prohibited without the prior written agreement of SBM.
Personal information is collected by our Service Provider and is intended for the Service Provider for the purpose of marketing the Gift Cards. These data shall be kept for the time required to accomplish such purposes and for a maximum of three years from the end of the commercial relationship. The Service Provider may also use the Customer’s personal data in order to fulfil its legal obligations and to respond to requests from government and public authorities.
In accordance with Law No. 1.165 of 23 December 1993, as amended, on the protection of personal information and with current regulations applicable in the Principality of Monaco, the Customer may, at any time, access their data, correct them, ask for them to be deleted, object to processing for legitimate reasons due to their specific situation, or indeed exercise their right to data portability, by sending an e-mail to the Data Protection Officer with proof of their identity to: data-privacy @sbm.mc, or by post to:
Monte-Carlo Société des Bains de Mer
Data Protection Officer
Place du Casino
98000 Monaco – Principality of Monaco
If, after contacting the DPO, the Customer does not feel that their rights have been observed, they may make a claim with the French Data Protection Authority (CNIL – Commission Nationale de l’Informatique et des Libertés) or the Monegasque authority, the Commission for Control of Personally Identifiable Information (CCIN.mc – Commission de Contrôle des Informations Nominatives).
The data which the Provider needs for the purpose for which they were collected, necessary for compliance with a legal obligation and/or for the establishment, exercise or defence of rights in court, may not, however, be deleted.
These General Terms and Conditions and the relationship between the Parties are subject to Monegasque law and any dispute that cannot be settled amicably shall be brought before the courts of the Principality of Monaco having sole jurisdiction.
To place an order, the Customer must first create an account on the Website by filling in the information marked as required. To that end, the Customer certifies that the information provided is true and correct and has sole responsibility for it. SBM may not be held liable for a mistake made by the Customer, even when this would affect the order being properly handled, its delivery in particular.
To place an order, the Customer must follow the steps below:
Once these steps have been completed, the Customer will receive an e-mail as soon as possible confirming the order and their payment. This e-mail signifies acceptance of the order by SBM. SBM recommends that the Customer keeps this e-mail.
Any order changes by the Customer after confirmation of their order are subject to SBM’s agreement.
SBM reserves the right to verify and/or decline any order for legitimate reasons and more specifically if the quantities of ordered products are unusually high or if there is a previous or current dispute between the Customer and SBM.
After their order has been validated, the Customer can access the status of their order(s) at any time, via their account, and download the relevant invoice(s).
4.1.Formation
The sales contract is formed when the Customer sends confirmation of their order.
4.2.Archiving and proof
SBM’s computerised records and those of its service providers, stored under conditions of reasonable security, shall constitute proof of all the contracts and transactions between the parties.
Communications, order forms and invoices are archived by our Service Provider on reliable media for 10 (ten) years from delivery of the order. In accordance with statutory provisions, the Customer may access the aforementioned documents on the Website under “My Customer Area”.
5.1.On-line payment methods
Only Bank Card payments are accepted (Carte Bleue, Visa, Mastercard or Amex).
The Customer warrants that they are fully entitled to use the payment card to pay for their order and that their payment methods give access to sufficient funds to cover their order amounts.
The Customer is responsible for saving and printing their payment certificate if they wish to retain their bank and transaction details.
5.2.Payment security
SBM guarantees the security of bank card payments and certifies that the credit card details are encrypted using the SSL (Secure Socket Layer) protocol encrypting system.
For the payment, the Customer will be redirected to the OGONE website, the service provider ensuring payment security for the transaction. After verification and approval from their bank, the transaction is recorded and the Customer automatically returns to the SBM website to safely continue their shopping if they wish.
5.3.Retention of title clause
SBM retains ownership of the delivered Gift Cards until the price and ancillary costs have been paid in full. If no payment is made, SBM reserves the right to claim the Gift Cards with no prior notice being required.
6.1.Delivery period
Under normal conditions, the Gift cards are delivered between 4 and 8 working days from when the order confirmation e-mail is sent to the Customer.
In any event, SBM may not be held responsible for any delays attributable to the Customer, an unpredictable and insurmountable situation caused by a third party to the contract or a case of force majeure as defined by case law.
6.2.Terms of delivery
When an “E-Card” is ordered, there is no physical delivery of a Gift Card. An e-mail is sent instead.
The Customer should therefore provide the e-mail address they would like to use for receiving the order confirmation e-mail and, if it is different, the e-mail address they would like to use for receiving the “E-Card” accompanied by its terms of use.
If no such e-mail appears in their inbox, the Customer is advised to look in the “Junk Mail” or “Spam” folder.
If there is a problem with the e-mail containing the “E-Card” (not received, does not work, only partially works), the Customer can contact the SBM Customer Service to report this via a contact form available on the Website or by contacting the same service by telephone on +377 9806 3636 (Monday to Sunday, 9 am to 7 pm).
The Customer carefully fills in their choice of address (home, workplace, etc.). The billing address and the delivery address can be different. Please note that SBM may not be held liable if the order is not received due to a mistake made by the Customer when entering the address.
Deliveries are made by La Poste or any other carrier, depending on the postage method chosen by the Customer.
If the package is lost, the Customer must contact SBM Customer Service immediately so that the Gift Card can be cancelled.
Ownership of the ordered product is transferred to the Customer from the delivery date shown on the order form.
6.3.Delivery costs
The delivery costs for the Gift Cards are added on to the price the Customer must pay at the time of ordering.
In accordance with Law No.1.383 of 02/08/2011 for a digital Principality, once the contract has been concluded, the Customer has the right to withdraw, without having to give any reasons or pay any penalties, within a maximum period of 7 (seven) clear days, from the day when the Customer, or a third party appointed by the Customer, has taken physical possession of the ordered product. For “E-Card”, the 7-day period shall begin from the actual receipt of the e-mail containing the E-card.
To exercise their right of withdrawal, the Customer must notify SBM of their name, address and, where they exist, their telephone number and e-mail address, using the following address:
MONTE-CARLO SOCIETE DES BAINS DE MER
Marketing Department
Place du Casino
98000 Monaco – Principality of Monaco
or using the contact form available on the Website, section “Contact us”.
This notification must be accompanied by the Customer’s decision to withdraw, through a clearly worded statement (letter sent by post, e-mail, etc.).
For any withdrawal request sent electronically, the Customer shall receive an acknowledgement of receipt of their request on a durable medium as soon as possible.
The Customer must return their order in its original packaging no later than 14 (fourteen) days after having communicated their decision to withdraw to SBM. This deadline shall be deemed to have been observed if the Customer returns their order before the 14 (fourteen) day period expires, as evidenced by the postmark. In any event, the burden of proof lies with the Customer.
SBM undertakes to provide the Customer with a refund of all of the sums the Customer has paid, including delivery costs, when these have been paid by the Customer (Cf. II. 6.3), within a maximum of 30 (thirty) days from receipt of the returned Gift Card, provided it has not been used. In accordance with current legislation, the Customer intending to exercise their right of withdrawal shall only have to pay the direct cost of returning the Gift Cards.
SBM shall proceed with the refund by crediting the bank account used during the initial transaction. Another method may be used with the Customer’s express agreement. In any event, this refund shall not incur any costs for the Customer.
The right of withdrawal does not apply to customised Gift Cards.
All year round, choose the Monte-Carlo SBM gift card that is 100% suited to the occasion and be sure to please by giving the Monte-Carlo Experience!
You choose the amount from 50 to 2000 euros, and you can even add a personalized message that will accompany your gift to make it truly unique. All you have to do is place your order to receive it at home and offer it or have it sent directly to its beneficiary!