SERVICE TERMS (TERMS AND CONDITIONS)

 

These general Terms of Services apply without any restriction or reserve, between Mrs Mc and any individual or legal entity for any provision of concierge service provided by Mrs MC.

The purpose of the Terms of Services is to set forth the terms of the services provided by Mrs MC to his Clients, from the request to the provision of the requested service, including payment.

1.  DEFINITIONS AND INTERPRETATIONS

1.1 In these Terms, the following definitions shall apply:

•  Membership: shall mean the Client’s membership in the Members’ club.

•  Benefits: refers to the benefits made available to Clients, Members or non-Members, by suppliers and Mrs MC.

•  Membership Card: shall mean the card issued to Customer Members by Mrs MC upon acceptance of a Membership application in accordance with clause 3 “Member Status and Membership”.

•  Payment card: has the meaning given in clause 3.10 and 5.6.

•  Client: shall mean any person, individual or legal entity, likely to use the services of Mrs MC, on a one-off or occasional basis, but also via the Member section as described in clause 3 “Member Status and Membership”.

•  Terms: these General Terms such as possibly amended in accordance with clause 9.5.

•  Request: refers to a request made by a Client, Member or non-Member, to Mrs MC for the organization and supply of goods and/or services by a third party on behalf of the Client.

•  Personalized event: refers to the organization of a day, a weekend or a stay “tailor-made” for the Client.

•  Force majeure: refers to an exceptional, unforeseeable circumstance, beyond the control of Mrs MC, and which has the result of preventing he from performing the services for the benefit of the Client.

•  Supplier: shall mean a supplier hired by Mrs MC on behalf of and as an agent of a Client to provide goods and/or services to this Client.

•  Membership fees: refers to the fees payable for Membership notified to Member Clients when applying for Membership and before renewal of Membership.

•  Member: refers to a Customer registered as a Member of the Membership club.

•  Website: refers to the website located at the address: https://www.mrs-mc.com/

•  Services: means the concierge and lifestyle management services provided by Mrs MC to its Clients, Members or non-Members, as part of their request.

•  Premium Service: transportation of the Client to the location of an event by an employee of Mrs Mc and/or continued presence on site of an employee of Mrs Mc.

•  Premium mail service: delivery service organized by an external service provider under its full responsibility.

 

1.2 In these Terms, the following rules apply:

– (a) a person includes a natural person, a legal entity or an unincorporated body, whether or not having separate legal status;

– (b) a reference to a party includes its personal representatives, successors or authorized assigns;

– (c) a reference to a statute or a statutory provision is a reference to this statute or this statutory provision as amended or readjusted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or readjusted;

– (d) any phrase starting with the terms “including”, “include”, “in particular” or any other similar expression, must be interpreted as illustrative and must not limit the meaning of the words which precede these terms;

– (e) any reference to writing or written document includes emails.

2.  CUSTOMER REQUEST

2.1  Mrs MC offers its Clients, Members or non-Members, private concierge services under a contract. In this context, it puts its Clients in contact, as an intermediary, with product suppliers or partner service providers.

2.2  Any request made by the Customer is made on an occasional basis and is in no way part of a continuity or a contractual relationship over time. The Customer will therefore be free, once the requested service has been performed and received, to continue to use the Services of Mrs MC or, where applicable, to acknowledge receipt of the end of the contractual relationship.

2.3  The Customer must be at least 18 years old and have the legal capacity to enter into contracts to agree to these Terms of Service.

2.4  Any Client may therefore pass on their requests under the conditions set out in clause 5. The requests thus passed on by the Client will be processed by Mrs MC in its capacity as intermediary between the Client and its partners. The services provided by Mrs MC in the name and on behalf of the Client with partners are part of an agency given by the Client to Mrs MC. The agency given to Mrs MC is validated by the Customer’s acceptance of these Terms of Service and applies to requests made to Mrs MC by the Customer and performed within the framework and according to the methods provided for herein.

2.5  Any service request (such as purchase of jewelry, rental and/or purchase of car, boat and/or private jet, long hotel stays, private chef at home, moving, vacation package, etc.) will be subject to an estimate submitted to the Client for approval, with the exception of transport services (taxis, private drivers, trains, airliners). However, the Customer may, at any time, ask Mrs MC for the amount of the service, whatever it may be. Expenditures made with the various partners are made in the name and on behalf of the Client.

2.6  Mrs MC reserves the right not to respond to any request of an illegal nature or contrary to law, morality and probity. Access to Concierge products and Services may be subject to restrictions with respect to certain persons or in certain countries.

Mrs MC will not process any request in violation of the law applicable in the country of performance.

3.  MEMBERSHIP STATUS AND MEMBERSHIP

3.1  The Client may at any time request membership from Mrs MC in order to benefit from Member status.

3.2  Membership status gives access to personalized service from Mrs MC. The Member will be able to benefit from a Premium service as well as access to exclusive offers, advantages and privileges.

3.3  Thanks to his subscription, the Member will be able to have access to the benefits negotiated with the partners selected by Mrs MC. The partners will however be free to modify their business terms at any time and Mrs MC cannot be held responsible for the changes made.

3.4  For the first year of your membership, the membership fees and entrance fees payable will be confirmed to you before your membership application is accepted. Membership fees are payable in full upon acceptance of your membership application. Any increase or decrease in membership fees for subsequent membership years will be notified to all Members prior to their renewal date.

3.5  You acknowledge that your payment of the Membership Fee constitutes your acceptance for us to start providing Services to you. The Customer will always remain free to accept or refuse the services offered.

3.6  Subject to clauses 3.8 and 3.9, membership fees are non-refundable. Membership fees cover the cost of setting up your membership.

3.7  You have the right to cancel your membership within 14 days of the day your membership application is accepted (cancellation period). It is imperative to inform Mrs MC in writing of your decision to cancel.

3.8  If you cancel your Membership during the Cancellation Period, you will be refunded the Membership Fee, less any services provided up to the time your decision to cancel is received.

3.9  Mrs MC reserves the right to cancel or suspend your membership when there are legitimate reasons.

3.10        Membership fees are due upon acceptance of your membership application, and annually thereafter (the renewal date), and full payment will be taken by Mrs MC annually and in advance by direct debit or by payment by means of a credit or debit card from which you have authorized us to deduct such payment (“payment card”) in accordance with the relevant invoice.

3.11        Where you have provided payment card details or authorized a direct debit order, you formally authorize Mrs MC to collect the renewal membership fee up to 28 days before or on the date of your renewal. Otherwise, you will be contacted directly to renew your membership.

3.12        If you do not wish to renew your membership, you must notify us in writing at least 30 days before the renewal date.

3.13        Mrs MC reserves the right to refuse to provide the Services if any payment due under these Terms is not received.

4.  PROVISION OF SERVICES

4.1  Mrs MC will provide the services to the Client in accordance with the Client’s particular requests, provided that Mrs MC is not required to provide or facilitate the supply of goods and/or services which Mrs MC considers may violate any laws, standards, and applicable regulations.

4.2  Mrs MC shall make its best efforts to meet the specified performance dates, but these dates will only be estimates and time will not be decisive for the performance of the services, unless the Client makes it a determining condition of their request.

4.3  Mrs MC shall have the right to make any changes to the Services which may be necessary to comply with any applicable law or security requirement, or which will not materially affect the nature or quality of the services and, in such case, Mrs MC will notify the Client.

4.4  The Services shall be provided in French or in any other language should this prove necessary and possible.

4.5  Mrs MC shall provide services using reasonable care and skill and, where possible, in accordance with your request and reasonable instructions.

4.6  Catering and clubs:

When you use the Restaurant Reservation Services, you hereby authorize us to charge your payment card for any deposit paid by us on your behalf at the Restaurant.

You agree that in the event of late cancellation of the order by you, i.e. less than 24 hours before the reservation, you will not be entitled to any refund of the sums paid to guarantee the reservation, including refund of any booking deposit.

Mrs MC reserves the right to refuse Clients’ catering orders if Clients repeatedly fail to honor their reservations or if they continually violate cancellation policies.

The admission of Clients to the premises of a club is at all times at the sole discretion of the club and Mrs MC will not be liable should a Client be refused admission to a club.

In the case of a refusal of admission at the discretion of the club, the sums that may have been paid by the Client to Mrs MC will remain definitively gained it.

4.7 Tickets:

Mrs MC may be able to secure the best tickets for you at sold out events through one of its ticket agent partners. By instructing Mrs MC to obtain such tickets on your behalf, you agree to purchase tickets at a higher price than their face value and that the total cost may include a service charge for Mrs MC in respect of our provision service to secure the seats on your behalf.

In this context, Mrs MC is not the seller of the tickets and is not responsible for the performance of your order.

All ticket agent partners will have their own terms and conditions. These terms and conditions may include terms stating that ticket sales are final and that no refunds will be made once the purchase has been made.

Mrs MC cannot provide refunds or obtain any refunds on your behalf.

In the event that a show is canceled directly by the artist/promoter, it is possible to obtain a refund of the face value of the affected tickets directly from the ticket agent.

Mrs MC or its ticket agent partners will ship your tickets through delivery agents at standard rates. Mrs MC cannot be held responsible for the incorrect delivery of your tickets by the delivery agents.

5.  MAKE A REQUEST

5.1  Clients may make a request by telephone, post, email or through the dedicated section on the Website.

5.2  Requests sent to Mrs MC must comply with the legal and ethical framework.

5.3  Requests involving services or invoicing greater than 100 euros including tax will only be taken into account in a final manner after written acceptance by the Customer and, where applicable, submission of an estimate for acceptance by the Customer. The Customer therefore formally accepts electronic documents using the number(s) communicated by him to Mrs MC (fax, SMS, instant messaging, document in PDF format including an option with an electronic signature) or a clear means of expressing his consent and to agree.

5.4  Mrs MC acting reasonably reserves the right to withdraw any of the services and/or refuse to accept any request at its sole discretion.

5.5  If Mrs MC is unable or does not have to deal with a request, it will notify the Client as soon as reasonably possible.

5.6  The Customer agrees that the details provided for the purposes of booking, ordering or purchasing goods, products or services are correct and accurate, that the debit, credit and/or payment card that you use within the framework of the service has a sufficient provision to cover the possible costs of the products and services.

5.7  Orders placed with Mrs MC are subject to availability with partners.

In case of unavailability of a service, Mrs MC agrees to provide its best efforts to offer an equivalent service. This is an obligation of means.

6.  SUPPLIER

6.1  Suppliers are responsible for providing you with the services, products and services that you ask us to order on your behalf. Mrs MC may communicate with suppliers on your behalf, unless it is more appropriate for you to contact the supplier directly.

6.2  The Customer acknowledges that the contract of sale for the supply of goods and/or services resulting from a request on its part is entered into between the Customer and the respective Supplier, and that Mrs MC is not a party to this contract with providers. The contract will be sent directly by the Customer to the Supplier and will be subject to the policies of the respective Supplier. Mrs MC is acting as an intermediary for the supplier and, unless formally stated otherwise, all your rights and remedies are against the supplier. Mrs MC accepts no liability for any act or omission of any Supplier or any loss suffered by you as a result of any act or omission of any Supplier, whether or not placed by Mrs MC.

6.3  Suppliers may impose their own terms and conditions which in all cases apply to the supply of goods and/or services for the benefit of the Customer. These general conditions therefore bind the Customer at the time of the order.

6.4  All descriptions of the products, services or benefits possibly presented on the “Mrs Mc” website have been approved by the Supplier. Mrs MC will not be liable for any inaccurate or misleading descriptions of the Supplier which are its sole responsibility.

6.5  When ordering a product or service, you may be asked to provide your payment card details. If you request and authorize Mrs MC to use your payment card details in order to pay a supplier for products or services, you acknowledge and agree that Mrs MC assumes no liability whatsoever in respect of the use of your payment card provided however that Mrs MC acts in accordance with the instructions issued by you in this regard.

7.  PAYMENT, RETURNS, REFUND, MODIFICATION AND CANCELLATION

7.1  Payment, returns, refunds

7.1.1.A deposit of 30% of the price of the service may be requested from the Customer by Mrs MC. This deposit may be retained by Mrs MC in the event of late cancellation of the service by the Customer, i.e. less than 24 working hours before the service, or cancellation, even when not late, which would cause prejudice to Mrs MC.

7.1.2.Where a Supplier is used, payment for all products and services will become due immediately upon acceptance of the order by the relevant Supplier.

7.1.3.The Customer further acknowledges that for goods purchased on its behalf by Mrs MC directly from a supplier, returns and exchanges will be subject to that supplier’s terms and conditions and that returns and exchanges of goods purchased shall not are not always allowed. In the event that the Customer asks Mrs MC to provide him with a specific item, Mrs MC will inform him in advance of the refund and exchange policy of this supplier. Mrs MC will not be liable to the Customer if a supplier does not accept the return or exchange of an item.

7.1.4.It is the sole responsibility of the Customer to retain all evidence of the return of goods to a supplier. It is recommended that the Customer return the goods by registered post with tracking, or by any other similar means allowing the date of dispatch of the return to be checked and the return to be tracked.

7.1.5.Mrs MC will notify the Customer when it has been informed that a refund for an order has been processed by a supplier.

7.1.6.When orders are delivered outside the European Union, applicable customs duties and sales taxes are non-refundable. It is the Customer’s responsibility to recover these sums. Mrs MC is not responsible for items detained by customs or border agencies.

7.1.7.In the case of Premium courier services, if the Customer fails to show up at the specified delivery address to receive their order at the scheduled time, the Customer may incur additional charges for subsequent attempts to deliver the goods.

7.2  Amendment of the request

7.2.1.If a request for a specific product or service is not available, Mrs MC may offer to substitute products or services of a similar description and standard. You may, at your sole discretion, refuse acceptance of such substitute products and/or services and request a full refund in the event that payment has already been made for the provision of the unavailable product or service.

7.2.2.Any modification of the order made by the Customer must be made within a period which cannot be less than 24 working hours before the performance of the service.

7.2.3.If the request for modification is made within this deadline, Mrs MC will assess the request according to the nature of the products or services in question. Any modification of the order is subject to the formal acceptance of Mrs MC. In the event of refusal or impossibility, Mrs MC will return to the Client the sums he may have paid as a deposit or payment of the full price.

7.2.4.If the request for modification occurs less than 24 working hours before the performance of the service, the request will not be admissible and the service will be performed in accordance with the initial request. Mrs MC will be entitled to retain the sums paid to it by the Customer as a deposit or for full payment of the price and to request, where applicable, payment of the full price of the service.

7.3  Cancellation of the request

7.3.1.General cancellation

Any cancellation of order made by the Customer must take place within a period which cannot be less than 24 working hours before the performance of the service.

If the cancellation request is made within this deadline, the request will be taken into account and Mrs MC will return to the Customer the sums he may have paid as a deposit or payment of the full price.

If the cancellation request is made less than 24 working hours before the performance of the service, the request will be taken into account but Mrs MC will then be entitled with regard to the Customer to keep the sums paid as a deposit or request payment of the price in proportion to the steps carried out by it in the interest of the Client.

If the request for cancellation occurs at the time or after the performance of the service or if the Customer does not show up, Mrs MC will be entitled to retain the sums which will have been paid to it by the Customer as a deposit or for the full payment of the price and to request, where applicable, payment of the full price of the service.

No refunds can be made for lost, misplaced or destroyed tickets or travel vouchers. The Customer understands that the partial cancellation of a reservation may lead to an increase in costs for him and for the other Members of the group.

If the reason for your cancellation is due to events beyond your control (illness, death of a close relative or relative), you may transfer your benefit to another person provided you provide reasonable notice to allow Mrs. MC to make such arrangements. In addition, the Customer and the Assignee agree to be jointly and severally liable for any unpaid debts under the contract.

7.3.1 Cancellation of exceptional services

If you wish to cancel your luxury trip or “personalized” event, you must inform Mrs MC in writing, whether you are a one time or occasional Customer or a Member Customer. Such cancellation will take effect on the day of receipt of the written notification. The Customer must indicate the reason(s) for his cancellation in writing. Depending on when the notification of cancellation is received by Mrs MC, the following cancellation fees will apply and will be assessed according to the date of receipt of the cancellation in relation to the start date of the event:

– More than 8 weeks: 30% of the value of the service;

– Between 4 and 8 weeks: 50% of the value of the service;

– Between 2 and less than 4 weeks: 70% of the value of the service;

– Less than 2 weeks: full value of the service.

No compensation or reimbursement can be made for services relating to meals, hotel rooms and prepaid excursions, visits and services.

7.4 Force majeure

7.4.1  In the event of an event constituting a case of force majeure for Mrs MC and/or its partners, Mrs MC cannot bear the responsibility for a possible cancellation, or any failure to perform these.

7.4.2  Any Party claiming force majeure shall bear the burden of proving it in accordance with the definition given by Monegasque case law which defines it as an unforeseeable, external and irresistible or insuperable event.

Events likely to constitute a case of force majeure include but are not limited to: acts of nature (including fires, floods, earthquakes, storms, hurricanes or other disaster nature), war, global pandemic, invasion, acts of foreign fighters, acts of terrorists, usurped military or political power or confiscation, nationalization, governmental sanction or embargo, labor disputes of third parties to this contract, or prolonged outage of electricity or other vital public service, etc.).

7.4.3  If force majeure is retained, the Parties shall be released from their obligations to each other, without this giving rise to the payment of damages, in accordance with article 1003 of the Monegasque Civil Code.

7.4.4  In the event that a party waives the conclusion of the Contract with the intention of harming the other Party or with the awareness that the termination will cause a loss to the latter, it shall owe to the Party victim of the termination of the talks the reimbursement of the duly substantiated costs incurred by it in conducting these talks and compensation for the damage suffered.

7.4.5  Force majeure does not apply to the deposit paid to Mrs MC.

8.  EFFECTIVE DATE AND TERMINATION

These terms shall become effective and are binding on the Customer and Mrs MC upon acceptance by Mrs MC of your request and for the duration of the service. In the event of the Customer’s membership (subscription formula), these conditions are applicable for the duration of your membership and will not cease to have effect until the expiry or termination of your membership.

9.  GENERAL

9.1  Confidentiality and data protection

Your application or membership will be subject to the Mrs MC Privacy Policy incorporated into these Terms by reference and presented at the following internet address: https://www.mrs mc.com/, which applies at all times to data that we collect from you.

9.2  Transfer and subcontracting

Mrs MC may at any time assign, transfer, charge, sub-contract or otherwise deal with any or all of its rights under these terms and may in any way sub-contract or delegate all or any part of its obligations under these terms to any third party or agent. The Customer may not, without the prior written consent of Mrs MC, assign, transfer, encumber, subcontract in any way all or part of its rights or obligations under these conditions.

9.3  Waiver

A waiver of any right under these Terms is not effective unless made in writing and agreed to by the Parties.

9.4 Continuation of the contract

If any court or other relevant authority finds any provision of these Terms to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed unwritten. The relevant provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.

9.5 Amendments

Mrs MC may modify these Terms when necessary and shall inform you of any modification in good time in order to submit it for your new approval.

9.6 No partnership

Nothing in these Terms is intended to, or shall be deemed to constitute, a partnership or joint venture of any kind between the Parties, nor shall it constitute one party as the agent of another party for any purpose whatsoever. No Party has the authority to act as agent of the other Party or to bind it in any way.

9.7 Third parties

A person who is not a Party to these Terms has no rights to them in connection therewith.

9.8 Applicable law and jurisdictions

These Terms, as well as any dispute arising therefrom or in connection therewith, shall be governed and interpreted in accordance with Monegasque law and the parties submit, in the event of a dispute, to the exclusive jurisdiction of the courts of the Principality of MONACO.